[Senate Report 104-249]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 361
104th Congress                                                   Report
                                 SENATE

 2d Session                                                     104-249
_______________________________________________________________________


 
      IMMIGRATION CONTROL AND FINANCIAL RESPONSIBILITY ACT OF 1996

                                _______


                 April 10, 1996.--Ordered to be printed

 Reported under authority of the order of the Senate of March 29, 1996

_______________________________________________________________________


Mr. Hatch, from the Committee on the Judiciary, submitted the following

                              R E P O R T

                             together with

                     ADDITIONAL AND MINORITY VIEWS

                         [To accompany S. 1664]

    The Committee on the Judiciary reports an original bill (S. 
1664) to amend the Immigration and Nationality Act to increase 
control over immigration to the United States by increasing 
border patrol and investigative personnel, and detention 
facilities; improving the system used by employers to verify 
citizenship or work-authorized alien status; increasing 
penalties for alien smuggling and document fraud; reforming 
asylum, exclusion, and deportation law and procedures; and to 
reduce the use of welfare by aliens; and for other purposes; 
and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and summary..............................................2
 II. Need for current legislation.....................................3
III. History of current legislation...................................8
 IV. Section-by-section analysis......................................8
  V. Committee action................................................25
 VI. Cost estimate...................................................36
VII. Regulatory impact statement.....................................37
VIII.Additional views of Senator Hatch...............................38

 IX. Additional views of Senator Abraham.............................40
  X. Additional views of Senators DeWine, Abraham, and Feingold......42
 XI. Additional views of Senators DeWine, Kennedy, and Feingold......43
XII. Additional views of Senators Kennedy, Simon, and Leahy..........45
XIII.Minority views of Senators Kennedy and Simon....................58

XIV. Minority views of Senator Leahy.................................61
 XV. Minority views of Senator Feingold..............................67
XVI. Changes in existing law.........................................70

                         I. Purpose and Summary

    The committee bill is intended, first, to increase control 
over immigration to the United States--decreasing the number of 
persons becoming part of the U.S. population in violation of 
this country's immigration law (through visa overstay as well 
as illegal entry); expediting the removal of excludable and 
deportable aliens, especially criminal aliens; and reducing the 
abuse of parole and asylum provisions. It is also intended to 
reduce aliens' use of welfare and certain other government 
benefits.
    Title I proposes a number of law enforcement and other 
control measures. Law enforcement measures include: (1) 
Providing additional enforcement personnel and detention 
facilities; (2) Authorizing a series of pilot projects on 
systems to verify eligibility to be employed in the United 
States (and eligibility to receive public assistance or certain 
other government benefits), and also requiring improvements in 
birth certificates and driver's licenses to reduce their 
vulnerability to fraudulent acquisition and use; (3) Providing 
additional investigative authority and heavier penalties for 
document fraud and alien smuggling; (4) Streamlining exclusion 
and deportation procedures, and increasing the disincentives 
for repeated illegal entry or visa overstay; (5) Establishing 
special procedures to expedite the removal of criminal aliens; 
and (6) Miscellaneous other enforcement-related provisions.
    Other control measures in title I include: (1) Tightening 
the Attorney General's parole authority (which authorizes the 
entry into the U.S. of otherwise excludable aliens); (2) 
Amending the procedures used to consider asylum applications, 
to reduce the likelihood that fraudulent or frivolous 
applications will enable deportable or excludable aliens to 
remain in the U.S. for substantial periods; and (3) Repealing 
the Cuban Adjustment Act (which allows any Cuban national to 
obtain permanent resident status outside normal immigration and 
refugee channels), with certain exceptions.
    Title II of the committee bill contains several sections 
relating to financial responsibility: (1) Provisions to reduce 
the likelihood aliens will become a burden on the taxpayers of 
this country--including a prohibition on use by illegal aliens 
of welfare and certain other government benefits; a 
modification of current law on the deportation of aliens if 
they become a ``public charge''; a requirement that sponsor 
affidavits of support be legally enforceable; a requirement 
that when welfare agencies calculate financial need, they 
``deem'' that the income and assets of a sponsored alien 
include that of his or her sponsor; and (2) Provisions to 
reimburse States for providing Federally mandated emergency 
medical services to illegal aliens.

                    II. Need for Current Legislation

    The committee bill is needed to address the high current 
levels of illegal immigration; the abuse of humanitarian 
provisions such as asylum and parole; and the substantial 
burden imposed on the taxpayers of this country as the result 
of aliens' use of welfare and other government benefits.
    No matter how successful Congress might be in crafting a 
set of immigration laws that would--in theory--lead to the most 
long-term benefits to the American people, such benefits will 
not actually occur if those laws cannot be enforced. 
Unfortunately, U.S. immigration law is violated on a massive 
scale.
    Just one indication is the number of foreign nationals 
apprehended while in violation of U.S. immigration law. 
Apprehensions rose dramatically in the 1970's, reaching a total 
of 8.3 million for the decade. The increase continued in the 
1980's, reaching a high of 1.8 million in fiscal year 1986. 
Following passage of the Immigration Reform and Control Act of 
1986, apprehensions declined sharply in 1987, returning to the 
levels of 1983-84. By 1989, total apprehensions fell below one 
million for the first time since 1982. However, apprehensions 
began to rise again in 1990 and have been above one million 
every year since.
    The committee bill proposes numerous measures to reduce 
illegal entry and visa overstays; to reduce alien smuggling and 
document fraud; and to expedite exclusion and deportation, 
especially of criminal aliens. These are described in the 
section-by-section analysis for sec. 101-108 (Additional 
Enforcement Personnel); sec. 111-120E (Verification of 
Eligibility to Work and to Receive Public Assistance); sec. 
121-133 (Alien Smuggling; Document Fraud); sec. 141-159 
(Exclusion and Deportation); sec. 161-170E (Criminal Aliens); 
and sec. 171-184 (Miscellaneous).
    The bill's proposals to reform several humanitarian 
provisions of current law are described in the section-by-
section analysis for sec. 191-192 (Parole Authority); sec. 193-
196 (Asylum); and sec. 197 (Cuban Adjustment Act).
    Measures related to financial responsibility, including 
provisions to reduce use by aliens of welfare--and, with 
respect to illegal aliens, certain other government benefits--
and provisions to reimburse the States for certain Federally 
mandated emergency medical services, are described in the 
section-by-section analysis of sec. 201-210 (Receipt of Certain 
Government Benefits) and sec. 211-212 (Miscellaneous 
Provisions).
    Two issues deserve some comment and analysis in addition to 
what is contained in the section-by-section analysis. These 
are: (1) to ``Employer sanctions'' (i.e., the penalties against 
knowingly employing illegal aliens) and verification systems, 
and (2) Alien' use of welfare, including the subjects of 
sponsor liability and ``deeming'' (the requirement that when 
calculating the financial need of sponsored aliens, for 
purposes of eligibility and benefit amount, welfare agencies 
attribute the income and assets of a sponsor to the alien).

Employer sanctions and verification systems

    It has been recognized for many years that the primary 
magnet for most illegal immigrants is the availability of 
jobs--jobs that pay much better than what is available in their 
home countries.
    It is also widely recognized that satisfactory prevention 
of illegal border entry is unlikely to be achieved solely by 
patrolling the very long U.S. border. Our border is over 7,000 
miles on land and 12,000 miles along what is technically called 
``coastline.'' Furthermore, the real sea border consists of 
over 80,000 miles of what the experts call ``shoreline,'' 
including the shoreline of the outer coast, offshore islands, 
sounds, bays, and other major inlets.
    And, patrol of the border is, of course, inadequate to deal 
with foreign nationals who enter the U.S. legally--for example, 
as tourists or students--and then choose to violate the terms 
of their entry, by not leaving when their period of authorized 
stay expires or by working at jobs for which they are not 
authorized. The committee strongly believes in increased 
investigation and punishment of visa overstayers. However, this 
is not by itself likely to solve the problem. As is well known 
by experts--and evident through common sense--the certainty of 
punishment is often at least as important as its severity. 
Unfortunately, the probability that a visa overstayer will face 
punishment is now quite small and is likely to remain so. These 
individuals are not, by and large, engaged in illicit behavior 
that may occasionally be observed. There need not be anything 
in the way they behave to show their immigration status. 
Indeed, with the proper set of fraudulent documents, a visa 
overstayer can appear just like anyone else, especially in an 
area with many immigrants. He or she can even pose as a U.S. 
citizen.
    Most authoritative analyses of the problem of illegal 
immigration--illegal entry as well as visa overstay--have 
recommended a provision such as that in the 1986 Immigration 
Reform law making it unlawful to employ illegal aliens. These 
studies include that of 10 years ago by the Select Commission 
on Immigration and Refugee Policy and the current work being 
done by the U.S. Commission on Immigration Reform.
    Such studies also recognize that an employer sanctions law 
cannot be effective without a reliable and easy-to-use method 
for employers to verify work authorization. Accordingly, the 
1986 law instituted an interim verification system. This system 
requires the presentation of one or two documents (depending on 
whether the document is an identification document as well as a 
document showing work authorization) from a list of 29. Most of 
these are not resistant to tampering or counterfeiting. 
Further, it is surprisingly easy to obtain genuine documents, 
including a birth certificate. Thus, it was believed by 
Congress and the President that the system would most likely 
need to be significantly improved. In fact the law called for 
studies of telephone verification systems and counterfeit-
resistant social security cards.
    Unfortunately, the interim system is still in place today, 
10 years later. This is true even though--as was feared--there 
is widespread fraud in its use. While most employers try to 
comply with the law, it is impossible for honest employers to 
distinguish genuine documents from high-quality (but 
inexpensive) counterfeit ones.
    As a result, the employer sanctions law has not been as 
effective in deterring illegal immigration as it could be--and 
should be. That is why apprehensions have continued to be so 
high.
    The committee believes that an improved system to verify 
eligibility to work in this country must be developed--in order 
that the enforcement tool with the greatest potential to deter 
illegal entry and visa abuse will actually have that effect. 
Effective enforcement requires effective employer sanctions, 
and effective employer sanctions requires an effective 
verification system. It is just that simple.
    Accordingly, the committee bill directs the President to 
conduct, over a period of three to six years, local or regional 
pilot projects (and one in the legislative branch) on improved 
verification systems. The committee anticipates that the cost 
to employers of participating in any pilot project in which 
participation is mandatory would not be significantly greater 
than the cost under current law.
    The bill also directs the President to recommend a system 
that should be implemented on a nationwide basis. The 
recommended system could not be implemented until a statute or 
joint resolution had been passed authorizing it. The bill 
explicitly states that the system could not require a 
``national I.D. card'' and could not be used except to verify 
eligibility to work or to receive certain government benefits, 
or to enforce criminal statues related to document fraud. The 
bill also provides protections for the privacy and security of 
any personal information obtained for or utilized by the 
system. (See the section-by-section analysis for sec. 111 
through 114.)
    In addition, the committee bill proposes a number of 
provisions to improve the effectiveness of the current 
verification system. These include provisions to reduce the 
list of documents that may be accepted by employers; to require 
improvements in the birth certificate and driver's license; and 
to modify the current law providing that under certain 
circumstances an employer's request for more or different 
documents than the law requires is an unlawful ``unfair 
immigration-related employment practice'' (the committee bill 
would require a purpose or intent to unlawfully discriminate). 
(See the section-by-section analysis for sec. 116 through 118.)

Aliens' use of welfare

    The committee believes that aliens in this country should 
be self-sufficient. There is a controversy whether immigrants 
as a whole--or illegal aliens as a whole--pay more in taxes 
than they receive in welfare (noncash plus cash), public 
education, and other government services. The committee 
believes that at least with respect to immigrant households 
(i.e., a household consisting of immigrant parents, plus their 
U.S.-citizen children, who are in this country because of the 
immigration of their parents), there is considerable evidence 
that there is a net cost to taxpayers. See, e.g., George J. 
Borjas, Immigration and Welfare, 1970-1990, p. 23 (Nat'l Bur. 
Econ. Res. Working Paper No. 4872, Sept 1994). However, the 
committee believes that the most relevant question is whether 
any particular immigrant is a burden, not immigrants as a 
whole.
    An immigrant may be admitted to the United States only if 
the immigrant provides adequate assurance to the consular 
officer and immigration inspector that he or she is not 
``likely at any time to become a public charge.'' Similar 
provisions have been part of our law since the 19th century and 
part of the law of some of the 13 colonies even before 
Independence. In effect, immigrants make a promise to the 
American people that they will not become a financial burden.
    The committee believes that there is a compelling Federal 
interest in enacting new rules on alien welfare eligibility and 
on the financial liability of the U.S. sponsors of immigrants--
in order to increase the likelihood that aliens will be self-
sufficient, in accordance with the nation's longstanding 
policy, and to reduce any additional incentive for illegal 
immigration provided by easy availability of welfare and other 
taxpayer-funded benefits.
    The committee bill provides that if an alien, within 5 
years of entry, does become a ``public charge''--which the bill 
defines as someone receiving an aggregate of 12 months of 
welfare--he or she is deportable. It is even more important in 
this era that there be such a law, since the welfare state has 
changed the pattern of immigration and emigration that existed 
earlier in our history. Before the welfare state, if an 
immigrant could not succeed in the U.S., he or she often 
returned to ``the old country.'' This happens less often today, 
because of the welfare ``safety net.''
    The changes proposed by the bill clarify when the use of 
welfare would lead to deportability. These changes are likely 
to lead to less use of welfare by recent immigrants or more 
deportations of immigrants who do become a burden on the 
taxpayers.
    One of the ways immigrants are permitted to show that they 
are not likely to become a public charge is by providing an 
affidavit of support by a sponsor, who is often the U.S. 
relative petitioning for their entry under an immigrant 
classification for family reunification. Under current law, 
sponsors agree to provide support only for three years. 
Furthermore, the agreement is not legally enforceable.
    The committee believes that the sponsor affidavit should be 
legally enforceable and should be in effect until the sponsored 
alien (a) has worked for a reasonable period in this country, 
paying taxes and making a positive economic contribution, or 
(b) becomes a citizen, whichever occurs first. The committee 
believes that a reasonable maximum period for the sponsor's 
liability is 40 ``Social Security quarters'' (about 10 years), 
the period it takes any citizen to qualify for benefits under 
Social Security retirement and certain Medicare programs.
    The committee believes that ``deeming'' of the sponsor's 
income and assets to the sponsored alien should be required in 
nearly all welfare programs and for as long as the sponsor is 
legally liable for support, or 5 years (the period in which an 
alien can be deported as a public charge), whichever is longer.
    It is not unreasonable of the taxpayers of this country to 
require recently arrived immigrants to depend on their sponsors 
for at least the first 5 years, regardless of the specific 
terms in the affidavit of support signed by their sponsors. It 
was only on the basis of the assurance of the immigrant and the 
sponsor that the immigrant would not at any time become a 
public charge that the immigrant was allowed in this country.
    It should be made clear to immigrants that the taxpayers of 
this country expect them to be able to make it in this country 
on their own and with the help of their sponsors.
    At this point, there is a fundamental committee intent that 
should be clearly expressed--an intent that should be taken 
into account in the interpretation of every provision of this 
bill. The committee intends that aliens within the jurisdiction 
of this country be required to fully obey all State and Federal 
laws--including the immigration laws.
    Some Americans appear to be ambivalent about the 
enforcement of the Immigration and Nationality Act. This 
includes a number of judges, perhaps reflecting a tension they 
feel between their duty to apply the law and their inclination 
to be humane toward those seeking a better life in this 
country, in accordance with our immigrant heritage. For 
example, while the U.S. Supreme Court has recognized that the 
making of immigration policy is reserved to the political 
branches under our constitutional system and should be largely 
immune from judicial control (Fiallo v. Bell, 430 U.S. 787, 
792, 796 (1977)), and that relief from deportation may be left 
to the unfettered discretion of the Attorney General (Jay v. 
Boyd, 351 U.S. 345, 357-58 (1956)), the Court on other 
occasions has characterized deportation as a grave penalty 
(Bridges v. Wixon, 326 U.S. 135, 147 (1945)) and suggested that 
statutory ambiguities should be resolved in favor of the alien 
(INS v. Cardoza-Fonseca, 480 U.S. 421, 449 (1987)).
    If the United States is to have an immigration policy that 
is both fair and effective, the law and the commitment of those 
with the duty to apply or enforce it must be clear. There 
should be no confusion about the intent of Congress that U.S. 
immigration law be fully binding on all persons at or within 
the borders of this country. This is a nation governed by law, 
and the law includes the immigration statutes and the 
regulations promulgated thereunder.
    Aliens who violate U.S. immigration law should be removed 
from this country as soon as possible. Exceptions should be 
provided only in extraordinary cases specified in the statute 
and approved by the Attorney General. Aliens who are required 
by law or the judgment of our courts to leave the United States 
are not thereby subjected to a penalty. The opportunity that 
U.S. immigration law extends to aliens to enter and remain in 
this county is a privilege, not an entitlement.
    The committee also wishes to note once more the frequently 
stated reality that the attitude of the American people toward 
legal immigrants and the resources which they willingly devote 
to immigrants is affected by the level of illegal immigration 
that burdens the society. Aliens who enter or remain in the 
United States in violation of our law are effectively taking 
immigration opportunities that might otherwise be extended to 
others, potential legal immigrants whose presence would be more 
consistent with the judgment of the elected government of this 
country about what is in the national interest. Those who are 
reluctant to enforce the immigration laws should keep this 
reality in mind.

                  III. History of Current Legislation

    S. 269, the ``Immigrant Control and Financial 
Responsibility Act of 1995,'' was introduced on January 24 
(legislative day January 10), 1995, by Senator Robert J. Dole 
on behalf of Senator Alan K. Simpson. This legislation was 
referred to the Committee on the Judiciary, Subcommittee on 
Immigration, which ordered it favorably reported with 
amendments on June 14, 1995. The Committee on the Judiciary 
ordered it favorably reported with amendments on March 21, 
1996.
    The legislation has its roots in legislation introduced in 
the 103d Congress, S. 1884, the ``Comprehensive Immigration and 
Asylum Reform Act of 1994,'' introduced by Senator Alan Simpson 
on March 2, 1994. Other major immigration bills in the Senate 
during the 103d Congress included S. 1333, introduced by 
Senator Edward M. Kennedy on July 30, 1993 (on behalf of the 
Clinton Administration) and S. 1571, introduced by Senator 
Dianne Feinstein on October 20, 1993.
    The legislation was also influenced by the recommendations 
of the U.S. Commission on Immigration Reform, chaired by the 
late Hon. Barbara Jordan. This commission, which was 
established by Congress in 1990, issued a series of 
recommendations in the area of illegal immigration in its 
September 1994 report to Congress, ``U.S. Immigration Policy: 
Restoring Credibility.''

                    IV. Section-by-Section Analysis

                      TITLE I--IMMIGRATION CONTROL

                      Subtitle A--Law Enforcement

        Part 1--Additional Enforcement Personnel and Facilities

Sec. 101--Border patrol agents

    Adds 700 Border Patrol Agents for fiscal year 1996, and 
1,000 new Agents for each of the next four fiscal years (a 
total increase of 90 percent above the current level).

Sec. 102--Investigators

    Authorizes the addition of 300 full-time INS investigators 
for each of the next three fiscal years (a total increase of 
almost 100 percent), all of whom would be used to enforce laws 
against alien smuggling and the unlawful employment of aliens.

Sec. 103--Land border inspectors

    Directs the Attorney General and Secretary of the Treasury 
to increase the number of inspectors to assure full staffing of 
all land border crossing lanes during peak times.

Sec. 104--Investigators of visa overstayers

    Authorizes 300 INS officers to investigate aliens who 
entered legally on a temporary (visitor's) visa, but overstayed 
their authorized period of stay and remain in the U.S. 
illegally.

Sec. 105--Increased personnel levels for the Labor Department

    Authorizes the addition of 350 Wage and Hour investigators 
in each of the next two fiscal years to enforce labor standards 
in areas of the U.S. with high concentrations of illegal 
aliens. The Secretary of Labor shall give preference to 
bilingual agents when making the hiring decisions.

Sec. 106--Increase in INS detention facilities

    Requires the Attorney General to increase detention space 
to at least 9,000 beds (an increase of 66 percent) by the end 
of FY 1997.

Sec. 107--Hiring and training standards

    Requires a report from the Attorney General on all 
prescreening, hiring, and training standards used by the INS 
when hiring the additional personnel authorized by this act.

Sec. 108--Construction of fencing and road improvements in the border 
        area near San Diego, California

    Requires the Attorney General to construct a three-tier 
fence along 14 miles of the southern border near San Diego in 
order to deter illegal entry.

   part 2--verification of eligibility to work and to receive public 
                               assistance

           Subpart A--Development of New Verification System

Sec. 111--Establishment of new system.

    Requires the President to develop and recommend to Congress 
a plan for a system to enable employers to verify that an 
employee is authorized to work and welfare administrators to 
verify that an applicant is authorized to receive welfare. The 
recommendation must be submitted to Congress within 3 or 6 
years (depending on the duration of the demonstration projects 
that are conducted pursuant to sec. 112). Implementation of the 
recommended system could occur only through subsequent 
legislation by Congress.
    The President must report to Congress on: (1) The proposed 
system and any alternatives considered; (2) Whether the system 
reduces the number of illegal immigrants in the workplace; (3) 
Data on the costs (to the government and to employers), privacy 
protections, and the accuracy rate of the system; and (4) 
Whether the system causes new employment discrimination.
    The recommended plan would have the following objectives: 
(1) To reduce the employment of illegal immigrants; (2) To 
assist employers in complying with the laws against knowingly 
employing illegal aliens; (3) To prevent unlawful 
discrimination and privacy violations; (4) To minimize the 
burden on business; and (5) To ensure that illegal aliens do 
not receive public assistance or certain other government 
benefits.
    The system would be required to reliably determine whether 
the person with the identity claimed by an individual is 
eligible to work and to apply for public assistance, and 
whether such individual is an imposter, fraudulently claiming 
another person's identity. The President may not test or 
recommend a ``national I.D. card.'' Any documents which are 
used in such a verification system must be resistant to 
tampering and counterfeiting, and may not be used for any 
purpose other than enforcing the immigration laws or laws 
related to document fraud (or for their original purpose; e.g., 
as a license to drive a motor vehicle). The bill provides 
extensive protections against and remedies for violations of 
privacy.

Sec. 112--Verification system demonstration projects

    Directs the President, through the Attorney General, to 
conduct several local or regional pilot projects (including one 
in the legislative branch of the Federal Government), during 
the 3 years following enactment, to test the feasibility of 
proposed verification systems, and requires regular 
consultations with Congress. Additional or renewed projects are 
possible, and a final evaluation and recommendation is required 
after completion of the projects. The pilot projects would also 
be subject to the rules applicable to the permanent system, 
with the exception that the standards of accuracy are not 
expected to be immediately met in such projects.
    The committee intends that the projects be truly local or 
regional. During consideration of the bill, some concern was 
expressed that a broader pilot program, such as one covering 
several high-immigration States, could be tantamount to a 
national program. The committee believes that a pilot program 
of such magnitude would violate the provisions of sec. 111 
requiring that a statute or joint resolution approve a new 
system before it could be implemented nationwide.
    If the Attorney General determines that a pilot project is 
sufficiently accurate, then employers who participate need not 
also follow the verification procedures of current law, 
including the completion of the ``I-9'' form.

Sec. 113--Comptroller General monitoring and reports

    Requires the General Accounting Office to monitor the pilot 
programs required under sec. 112 and to provide Congress with 
an evaluation of the final verification system proposed by the 
President.

Sec. 114--General nonpreemption of existing rights and remedies

    Provides that nothing in sections 111-113 may be construed 
to impair any rights or remedies available under Federal, State 
or local law after enactment, except to the extent inconsistent 
with a provision in one or more of such sections.

Sec. 115--Definitions

    Defines ``Administration,'' ``Employment Authorized 
Alien,'' and ``Service.''

       Subpart B--Strengthening Existing Verification Procedures

Sec. 116--Changes in list of acceptable employment-verification 
        documents

    Reduces the number of acceptable employment-verification 
documents to the U.S. passport, resident alien card (old), 
alien registration card (new), social security card, and other 
documents designated by the Attorney General. Authorizes the 
Attorney General to require social security account numbers on 
the verification form.

Sec. 117--Treatment of certain documentary practices as unfair 
        immigration-related employment practices

    Provides that a request for documents beyond those required 
for employment verification shall be treated as an unfair 
immigration-related employment practice only if made with 
discriminatory purpose or intent.

Sec. 118--Improvements in identification-related documents

    Establishes Federal standards for birth certificates and 
State-issued drivers licenses (developed in consultation with 
the States). The section also establishes grants for States to 
facilitate the matching of birth and death records (to reduce 
the likelihood that copies of the birth certificate of a 
deceased person will be provided to other individuals).

Sec. 119--Enhanced civil penalties if labor standards violations are 
        present

    Provides that civil penalties for knowing employment of 
unauthorized aliens may be doubled for employers who have 
willfully or repeatedly violated Federal labor standards.

Sec. 120--Increased numbers of U.S. Attorneys to prosecute cases of 
        unlawful employment of aliens or document fraud

    Authorizes the Attorney General to hire additional 
Assistant U.S. Attorneys to prosecute immigration-related 
cases.

Sec. 120A--Subpoena authority for cases of unlawful employment of 
        aliens or document fraud

    Grants subpoena power to designated INS officers and to the 
Secretary of Labor to facilitate the investigation of document 
fraud and the unauthorized employment of aliens.

Sec. 120B--Task Force to improve public education regarding unlawful 
        employment of aliens and unfair immigration-related employment 
        practices

    Establishes a Task Force within the Department of Justice 
to educate and assist employers in complying with the laws 
against the knowing employment of aliens who are not authorized 
to work and the laws against unfair immigration-related 
employment practices.

Sec. 120C--Nationwide fingerprinting of illegal aliens

    Authorizes additional appropriations so that current 
programs to fingerprint illegal aliens upon apprehension are 
expanded nationwide.

Sec. 120D--Application of verification procedures to State agency 
        referrals of employment

    Requires State employment agencies to comply with the same 
requirements, and be subject to the same penalties, under the 
employer sanctions law as private referral agencies.

Sec. 120E--Retention of verification form

    Eliminates employer liability for retaining the I-9 form in 
cases of disaster or other ``Acts of God'' beyond the control 
of the employer.

                part 3--alien smuggling; document fraud

Sec. 121--Wiretap authority

    Provides wiretap authority for investigations of alien 
smuggling and document fraud.

Sec. 122--Additional coverage in RICO for offenses relating to alien 
        smuggling and document fraud

    Adds coverage of certain alien smuggling and document fraud 
offenses to the RICO (Racketeer Influenced and Corrupt 
Organizations) statute.

Sec. 123--Increased criminal penalties

    Increases criminal penalties for alien smuggling and 
harboring, and provides guidance to the U.S. Sentencing 
Commission on possible adjustments to the alien smuggling 
penalties (such as the smuggling of aliens who intend to commit 
crimes).

Sec. 124--Admissibility of videotaped witness testimony

    Authorizes admission of videotaped witness testimony in 
smuggling prosecutions.

Sec. 125--Expanded forfeiture for alien smuggling or document fraud

    Authorizes asset forfeiture for certain crimes related to 
alien smuggling and document fraud.

Sec. 126--Criminal forfeiture

    Extends criminal forfeiture to cover assets which are 
derived from or facilitate alien smuggling and document fraud.

Sec. 127--Increased criminal penalties for fraudulent use of 
        government-issued documents

    Increases from $250,000 to $500,000 the maximum criminal 
fine, and from 5 years to 15 years the maximum sentence, for 
fraudulent or unauthorized use of official government stamp or 
seal (with enhanced penalties when the fraudulent documents are 
used to facilitate drug trafficking or international 
terrorism). This section also provides guidance to the U.S. 
Sentencing Commission on possible adjustments to the document 
fraud penalties.

Sec. 128--Criminal penalty for false statement in a document required 
        under the immigration laws or knowingly presenting a document 
        which fails to contain a reasonable basis in law or fact

    Establishes criminal penalty of up to 5 years and/or 
maximum fine of $250,000 for making a false statement in a 
document required by the immigration laws, or for knowingly 
presenting a document which lacks a reasonable basis in fact.

Sec. 129--New criminal penalties for failure to disclose role as 
        preparer of false application for asylum or for preparing 
        certain post-conviction applications

    Imposes a new criminal penalty for failing to disclose role 
as the preparer, for a fee, of a fraudulent application for 
asylum, and--after such a conviction--for preparing any 
immigration application, even if not for a fee and not for 
asylum. The offender is forced ``out of the business'' of 
preparing immigration applications.

Sec. 130--New document fraud offenses; new civil penalties for document 
        fraud

    Imposes new civil penalties for using fraudulent documents 
to obtain immigration benefits, and adds to the statute the 
presentation of false documents to a common carrier for the 
purpose of coming to the U.S., and the failure to present 
documents to an immigration officer upon arrival. Enhances the 
penalties for document fraud where employers have wilfully or 
repeatedly violated labor standards. Allows the Attorney 
General to waive penalties imposed for aliens ultimately 
granted asylum, or withholding of deportation, in the U.S.

Sec. 131--New exclusion for document fraud or for failure to present 
        documents

    Adds new ground of exclusion: failure to present to the 
immigration inspector at a port of entry the documents that the 
alien used to board a common carrier to come to the United 
States, or presenting any document that the inspector 
determines is forged, counterfeit, altered, falsely made, 
inapplicable to that alien, or contains a material 
misrepresentation.

Sec. 132--Limitation on withholding of deportation and other benefits 
        for aliens excludable for document fraud or failing to present 
        documents, or excludable aliens apprehended at sea

    Provides that aliens excludable because of document fraud, 
and excludable aliens apprehended at sea, may not qualify for 
``withholding of deportation,'' unless found to have a 
``credible fear of persecution.''

Sec. 133--Penalties for involuntary servitude

    Increases the maximum penalty for peonage, involuntary 
servitude, and slave trade offenses to 10 years. Directs the 
U.S. Sentencing Commission to review the existing guidelines 
for slavery and peonage offenses and ensure that they are 
comparable to the penalties for alien smuggling and kidnapping 
and that they adequately reflect the heinous nature of such 
offenses. Also directs the Sentencing Commission to consider 
the appropriate enhancements for these offenses.

Sec. 134--Exclusion relating to material support to terrorists

    Expands definition of ``engage in terrorist activity,'' for 
purposes of the terrorism ground of exclusion, to include 
providing false documentation.

                   part 4--exclusion and deportation

Sec. 141--Special exclusion procedure

    Establishes special exclusion proceeding (with limited 
administrative and judicial review) that may be used (1) for 
aliens who entered without inspection within the past 2 years; 
present false documents, or fail to present documents, at a 
port of entry; are brought ashore in the U.S. from an 
intercepted vessel and are otherwise excludable; and (2) in an 
``extraordinary migration situation''. Exempts from special 
exclusion any alien who is eligible to seek and does seek 
asylum, and is determined to have a ``credible fear of 
persecution.'' Permits aliens who enter from Canada or Mexico 
to be returned to those countries pending their exclusion 
hearing.

Sec. 142--Streamlining judicial review of orders of exclusion or 
        deportation

    Provides for the clarification and streamlining of judicial 
review of deportation and exclusion orders. Prohibits judicial 
review of the Attorney General's judgment regarding certain 
forms of discretionary relief from exclusion or deportation, 
voluntary departure, or adjustment of status. Also eliminates 
review of final orders of exclusion or deportation for certain 
criminal aliens (those described in the definition of 
``specially deportable alien'' in bill sec. 164). Limits review 
of special exclusion orders and cases involving document fraud, 
and narrows review in asylum cases.

Sec. 143--Civil penalties and visa ineligibility, for failure to depart

    Makes aliens subject to a final exclusion or deportation 
order liable for additional penalties of $500 per day for 
willful failure or refusal to depart the U.S. Provides that any 
lawfully admitted nonimmigrant who remains 60 days beyond the 
authorized period of stay shall be ineligible for any 
additional nonimmigrant or immigrant visa for 3 years (except 
an immigrant visa for a spouse of a citizen or permanent 
resident). The Attorney General may waive this 3-year exclusion 
for aliens who demonstrate good cause for failure to leave.

Sec. 144--Conduct of proceedings by electronic means

    Authorizes the Attorney General to conduct deportation 
proceedings by electronic or telephonic means, or, with the 
consent of the parties, in the absence of the alien.

Sec. 145--Subpoena authority

    Provides immigration judges with subpoena authority for 
exclusion and deportation hearings.

Sec. 146--Language of deportation notice; right to counsel

    Eliminates the requirement that aliens be notified of 
deportation proceedings in both English and Spanish. Provides 
that deportation proceedings may begin within three days after 
a deportation notice has been provided to an alien held in 
custody, whether or not the alien has secured counsel during 
that time. Clarifies that privilege of counsel is conditioned 
upon no expense to the government and no unreasonable delay to 
the proceedings.

Sec. 147--Addition of nonimmigrant visas to types of visas denied for 
        countries refusing to accept deported aliens

    Provides an additional incentive for countries to accept 
deported aliens who are their nationals. Current law authorizes 
the withholding of immigrant visas to nationals of such 
countries. This section adds nonimmigrant visas and clarifies 
that such withholding is mandatory except if a treaty otherwise 
requires or in the national interest.

Sec. 148--Authorization of special fund for costs of deportation

    Authorizes $10 million to facilitate deportation and 
detention.

Sec. 149--Pilot program to increase efficiency in removal of detained 
        aliens

    Authorizes appropriations for pilot programs to increase 
the efficiency of deportation and exclusion proceedings by 
providing pro bono legal representation.

Sec. 150--Limitations on relief from exclusion and deportation

    Reduces an alien's incentive to delay an exclusion or 
deportation proceeding by providing that the 7-year period of 
U.S. residence required to qualify for section 212(c) relief or 
section 244 suspension of deportation (renamed ``cancellation 
of deportation'') no longer includes time after proceedings 
have begun. Denies relief from deportation or exclusion to 
lawful permanent residents who receive sentences for one or 
more felonies totaling more than 5 years. Denies cancellation 
of deportation to aggravated felons who are not permanent 
residents, regardless of sentence. Provides standards for 
cancellation of deportation for permanent residents. 
Authorizes, but does not require, the Attorney General to 
adjust to legal status any alien who receives cancellation of 
deportation. Gives the Attorney General greater control of 
``voluntary departure'' (which allows deportable aliens to 
leave the U.S. without formal deportation, and therefore 
without being subject to the temporary ban on reentry that 
follows deportation). Prohibits judicial review of a denial of 
a request for voluntary departure.

Sec. 151--Definition of stowaway; excludability of stowaway; carrier 
        liability for costs of detention

    Adds formal definition of ``stowaway,'' and provides that a 
stowaway who is inspected upon arrival in the U.S. is, by 
definition, an excluded alien and must be immediately deported 
unless applying for asylum. Stowaways who have applied for 
asylum may not be removed until the asylum application has been 
finally adjudicated. Restores carrier liability for detaining 
stowaways. Increases fine for failing to remove stowaways from 
U.S. from $3,000 to $5,000.

Sec. 152--Pilot program on interior repatriation and other methods to 
        deter multiple unlawful entries

    Requires the Attorney General, in consultation with 
Secretary of State, to establish a 2-year pilot program to 
deter multiple illegal entrants. Provides that such pilot 
programs may include repatriation to the interior (rather than 
the border) of the country of nationality, repatriation to a 
third country, or other disincentives.

Sec. 153--Pilot program on use of closed military bases for the 
        detention of excludable or deportable aliens

    Requires the Attorney General and Secretary of Defense to 
establish a 2-year pilot program to study the feasibility of 
using closed military bases as detention centers for aliens 
apprehended by INS.

Sec. 154--Requirement for immunization against vaccine-preventable 
        diseases for aliens seeking permanent residency

    Requires aliens seeking entry as lawful permanent residents 
to show they have been immunized against vaccine-preventable 
diseases.

Sec. 155--Certification requirements for foreign health-care workers

    Requires aliens seeking entry in order to perform health-
care work, other than physicians, to be certified by an 
independent agency concerning their education, training, 
experience, foreign licenses, English-language ability, and 
(under certain circumstances) performance on a test. The 
committee intends that independent credentialing organizations 
other than the Commission on Graduates of Foreign Nursing 
Schools shall be approved if they demonstrate to the Attorney 
General's satisfaction the ability to competently conduct the 
required certification functions.

Sec. 156--Increased bar to reentry for aliens previously removed

    Increases exclusion period to 5 years for aliens who have 
previously been deported or removed. The bar is increased to 20 
years if the alien has been deported or removed two or more 
times.

Sec. 157--Elimination of consulate shopping for visa overstays

    Provides that aliens who overstay their nonimmigrant visas 
must return to their country of nationality for a subsequent 
nonimmigrant visa unless the Secretary of State determines that 
extraordinary circumstances exist.

Sec. 158--Incitement as a basis for exclusion from the United States

    Makes excludable those aliens who have incited terrorism, 
targeted racial vilification, advocated the overthrow of the 
U.S. government, or serious bodily harm to any U.S. citizen or 
government official.

Sec. 159--Conforming amendment to withholding of deportation

    Makes clear that the Attorney General has discretion to 
refrain from deporting an individual if such action would be 
contrary to U.S. obligations under the refugee treaty (the 1967 
United Nations Protocol Relating to the Status of Refugees).

                        Part 5--Criminal Aliens

Sec. 161--Amended definition of aggravated felony

    Lowers fine and imprisonment thresholds in the definition 
(from 5 years to 1 year, from $200,000 or $100,000 to $10,000), 
thereby broadening the coverage of money laundering, illegal 
transactions in property, theft, violence, document fraud, tax 
evasion, fraud and deceit, and racketeering. Adds new offenses 
relating to gambling, bribery, perjury, revealing the identity 
of undercover agents, and transporting prostitutes. Deletes the 
requirement that alien smuggling be for commercial advantage, 
but excepts a first offense involving solely the alien's 
spouse, child or parent. Provides that the amended definition 
of ``aggravated felony'' applies to offenses that occurred 
before, on, or after the date of enactment, except with respect 
to the criminal provisions of INA section 242(f)(2) (added by 
bill sec. 164). Certain aggravated felons are made ineligible 
for withholding of deportation relief (based on fear of 
persecution), subject to the Attorney General's discretion 
referred to sec. 159.

Sec. 162--Ineligibility of aggravated felons for adjustment of status

    Makes aliens convicted of aggravated felonies ineligible 
for adjustment of status after cancellation of deportation. 
Because of the expanded definition of ``aggravated felony'' 
provided by sec. 161 of the bill, aliens who have been 
convicted of most felonies, if sentenced to at least 1 year in 
prison, will be ineligible for this relief.

Sec. 163--Expeditious deportation creates no enforceable right for 
        aggravated felons

    Ensures that the expedited deportation procedures for 
aggravated felons available under current law does not create 
any enforceable right against the U.S., which could lead to 
additional administrative or judicial review, delaying 
deportation.

Sec. 164--Custody of aliens convicted of aggravated felonies

    Permits the release of an excludable or deportable alien 
convicted of an aggravated felony if the release is necessary 
to protect a witness or a person cooperating with a criminal 
investigation, or an immediate family member of such a person, 
and such release would not threaten the community.
    Defines ``specially deportable criminal aliens'' as any 
alien who has committed an aggravated felony or at least two 
crimes of ``moral turpitude'' which have each resulted in 
imprisonment for at least one year. Provides that the Attorney 
General shall take such an alien into custody and remove the 
alien within 30 days of a final order of deportation or, if 
later, the alien's release from incarceration.

Sec. 165--Judicial deportation

    Authorizes Federal district judges to order the deportation 
of a criminal alien at the time of sentencing if the alien is 
deportable on any ground and to order deportation as a 
condition of a plea agreement or of probation or supervised 
release. Authorizes State courts to make a find that an alien 
is deportable as a ``specially deportable criminal alien.''

Sec. 166--Stipulated exclusion or deportation

    Permits special inquiry officers (immigration judges) to 
enter an order of exclusion or deportation stipulated to by the 
Service and the alien. Such order may be entered without a 
personal appearance by the alien.

Sec. 167--Deportation as a condition of probation

    Permits a sentencing Federal court to order deportation 
pursuant to a stipulation by the alien and the U.S. or as a 
condition of probation.

Sec. 168--Annual report on criminal aliens

    Directs the Attorney General to submit an annual report to 
Congress on criminal aliens and their removal.

Sec. 169--Undercover investigation authority

    Authorizes INS to conduct various property and financial 
transactions as part of undercover investigations.

Sec. 170--Prisoner transfer treaties

    Authorizes bilateral agreements for the transfer of 
deportable alien convicts to serve their sentences in their 
home countries. Expresses the Sense of Congress that priority 
to be given to countries with high numbers of deportable alien 
prisoners in the U.S. and that the prisoner's consent should 
not be required before transfer under any future treaty, and 
that the Federal Government and the States should be authorized 
to keep the original prison sentence in force so that 
transferred persons who return to the U.S. prior to the 
completion of their original sentence can be returned to 
custody for the balance of their sentence.

Sec. 170A--Prisoner transfer treaties study

    Directs the Secretary of State and the Attorney General to 
submit a report on the effectiveness of current prisoner 
transfer treaties and to recommend how to improve their 
effectiveness.

Sec. 170B--Using alien for immoral purposes, filing requirement

    Requires those who control or harbor alien prostitutes to 
register with the INS earlier than required by current law, and 
expands the law to cover all countries.

Sec. 170C--Technical corrections to Violent Crime Control Act and 
        Technical Corrections Act

    Redesignates the second section 245(i) in the Immigration 
and Nationality Act as section 245(j). Authorizes the Attorney 
General to initiate deportation proceedings after a request for 
a judicial order of deportation has been denied. The denial no 
longer would have to be without a decision on the merits.

Sec. 170D--Demonstration project for identification of illegal aliens 
        in incarceration facility of Anaheim, California

    Authorizes the Attorney General to conduct a pilot project 
using INS personnel to demonstrate the feasibility of 
identifying incarcerated illegal aliens prior to their 
arraignment on criminal charges.

                         Part 6--Miscellaneous

Sec. 171--Immigration emergency provisions

    Delegates powers to the Attorney General to control a mass 
influx of illegal aliens, should such an emergency develop. 
Authorizes distributions from the Immigration Emergency Fund, 
without the explicit declaration of an immigration emergency by 
the President, and use of the fund for costs associated with 
the repatriation of illegal aliens. Upon a declaration by the 
Attorney General that the mass influx of individuals to the 
United States is underway or imminent, provisions permit 
vessels to be seized at sea and allow the Attorney General to 
authorize any State or local law enforcement officer to perform 
law enforcement functions ordinarily reserved to Federal 
authorities.

Sec. 172--Authority to determine visa processing procedures

    Clarifies that the nondiscrimination language of INA 
section 202(a)(1) does not limit the Secretary of State's 
authority to determine where and how immigrant visa 
applications should be processed.

Sec. 173--Joint study of automated data collection

    Requires the Attorney General, with other Federal agencies 
and representatives of the air transport industry, to report 
within 9 months on a plan for automated data collection at 
ports of entry.

Sec. 174--Automated entry-exit control system

    Requires the Attorney General, within 2 years of enactment, 
to develop an automated system that will permit the computer 
identification of nonimmigrants lawfully admitted to the United 
States on temporary (visitor's) visas who have overstayed their 
authorized period of stay.

Sec. 175--Use of legalization and special agricultural worker 
        information

    Requires the Attorney General to release information 
provided to the INS by an alien in connection with an 
application for legalization or the special agricultural work 
program in order to assist law enforcement authorities with a 
criminal investigation or to assist in the identification of a 
deceased person.

Sec. 176--Rescission of lawful permanent resident status

    Clarifies that the Attorney General need not undertake 
separate proceedings to rescind an alien's legal status before 
commencing deportation proceedings involving that alien. An 
order of deportation shall be sufficient to rescind such 
status.

Sec. 177--Communication between Federal, State, and local government 
        agencies, and the Immigration and Naturalization Service

    Prohibits any restriction on the exchange of information 
between the Immigration and Naturalization Service and any 
Federal, State, or local agency regarding a person's 
immigration status. Effective immigration law enforcement 
requires a cooperative effort between all levels of government. 
The acquisition, maintenance, and exchange of immigration-
related information by State and local agencies is consistent 
with, and potentially of considerable assistance to, the 
Federal regulation of immigration and the achieving of the 
purposes and objectives of the Immigration and Nationality Act.

Sec. 178--Authority to use volunteers

    Authorizes the Attorney General to use volunteers to assist 
in the administration of naturalization programs, port of entry 
adjudications, and criminal alien removal, but not to 
administer examinations or to adjudicate.

Sec. 179--Authority to acquire Federal equipment for border

    Authorizes the Attorney General to acquire U.S. Government 
surplus equipment (including aircraft, vehicles, and 
surveillance equipment) as required to improve the detection, 
interdiction, and reduction of illegal immigration (including 
drug trafficking) into the United States.

Sec. 180--Limitation on legalization litigation

    Provides that no court shall have jurisdiction to hear any 
suit arising under the legalization provisions of the 
Immigration Reform and Control Act of 1986, except by a person 
who in fact submitted an application and fee before the 
statutory deadline, or attempted to do so but had the 
application and fee returned by an INS officer.

Sec. 181--Limitation on adjustment of status

    Prevents the adjustment to legal status by any alien who 
seeks employment-based adjustment but is not currently in 
lawful nonimmigrant status, or by any alien who has been 
employed unlawfully within the U.S. at any time or otherwise 
violated the terms of a nonimmigrant visa.

Sec. 182--Report on detention space

    Requires the Attorney General to submit a report to 
Congress within 1 year which details the amount of detention 
space that would be necessary under various detention policies, 
and the number of excludable or deportable aliens who have been 
released into U.S. communities within each of the 3 prior years 
because of a lack of detention facilities.

Sec. 183--Compensation of special inquiry officers

    Increases the compensation of special inquiry officers 
(referred to in this section as ``immigration judges'').

Sec. 184--Acceptance of State services to carry out immigration 
        enforcement

    Authorizes the Attorney General to enter into written 
agreements with a State, or any political subdivision of a 
State, to permit specially trained State officers to arrest and 
detain aliens.

Sec. 185--Alien witness cooperation

    Authorizes the provision of 250 nonimmigrant visas per year 
to aliens assisting in the investigation and prosecution of 
criminal enterprises and terrorist organizations. Current law 
permits issuance of 125 such visas per year.

                   Subtitle B--Other Control Measures

                        Part 1--Parole Authority

Sec. 191--Useable only on a case-by-case basis for humanitarian reasons 
        or significant public benefit

    Tightens The Attorney General's parole authority by (a) 
changing the criterion from ``emergent reasons'' and ``reasons 
deemed strictly in the public interest'' to ``urgent 
humanitarian reasons or significant public benefit,'' and (b) 
requiring case-by-case determination.

Sec. 192--Inclusion in world-wide level of family-sponsored immigrants

    Provides that the number of parolees who remain in the 
country for more than a year must be subtracted from the world-
wide level of immigrants for the subsequent year.

                             Part 2--Asylum

Sec. 193--Limitations on asylum applications by aliens using documents 
        fraudulently or by excludable aliens apprehended at sea; use of 
        special exclusions procedures

    Bars an alien seeking entry to the U.S. with false, stolen 
or no identification documents from applying for asylum, unless 
the alien is found to have a ``credible fear of persecution.'' 
Aliens requesting asylum will be examined by specially trained 
asylum officers to determine whether the ``credible fear'' 
standard is met. Permits supervisory, but not judicial review. 
Requires the Attorney General to provide information regarding 
procedures for requesting asylum to potentially eligible 
persons.

Sec. 194--Time limitation on asylum claims

    Provides that an application for asylum which is filed for 
the first time after the alien has been given an ``Order to 
Show Cause,'' which commences an exclusion or deportation 
proceeding, shall not be considered if the proceeding was 
commenced more than one year after the alien's entry into the 
United States. Provides an exception if the alien shows good 
cause for not having filed within a year after entry. ``Good 
cause'' could include, but is not necessarily limited to, 
circumstances that changed after the applicant entered the U.S. 
and that are relevant to the applicant's eligibility for 
asylum; physical or mental disability; threats of retribution 
against the applicant's relatives abroad; or other 
circumstances that could reasonably prevent a deserving asylum 
seeker from applying within the required period, as determined 
by the Attorney General.

Sec. 195--Limitation on work authorization for asylum applicants

    Allows the Attorney General to deny, suspend, or limit work 
authorization for an asylum applicant.

Sec. 196--Increased resources for reducing asylum application backlogs

    Authorizes the Attorney General, for 2 years after 
enactment, to lease property and employ Federal retirees to 
reduce the current asylum backlog and process new asylum 
applications.

                      Part 3--Cuban Adjustment Act

Sec. 197--Repeal and exception

    Repeals the act, but provides that the act's provisions 
will continue to apply on a case-by-case basis to aliens 
paroled into the country pursuant to the U.S.-Cuba Migration 
Agreement of 1995. Cubans attaining lawful permanent resident 
status in this way will be considered family-sponsored 
immigrants for purposes of annual numerical limits on 
immigration.

                      Subtitle C--Effective Dates

Sec. 198--Effective dates

    Provides that amendments made by this title shall take 
effect on the date of enactment, unless otherwise specified. 
Permits the changes relating to special exclusion, exclusion 
for document fraud, limitation on withholding of deportation 
for aliens excludable for document fraud, and limitation on 
work authority for asylum applicants may be implemented through 
interim final regulations at any time after enactment of this 
act (exempts these provisions from the requirement of first 
issuing a ``proposed rule'' for public comment).

                   TITLE II--FINANCIAL RESPONSIBILITY

           Subtitle A--Receipt of Certain Government Benefits

Sec. 201--Ineligibility of excludable, deportable, and nonimmigrant 
        aliens

    Prohibits receipt of any Federal, State or local government 
benefit by an ``ineligible alien,'' which is defined as any 
alien who is not (1) a lawful permanent resident, (2) a 
refugee, (3) an asylee, or (4) an alien who has been in the 
U.S. in parole status for at least one year. Ineligible aliens 
may receive emergency medical services, prenatal and postpartum 
pregnancy services under Title XIX of the Social Security Act, 
short-term emergency disaster relief, benefits under the 
National School Lunch Act, the Child Nutrition Act, and public 
health assistance for immunizations and (if approved by the 
Secretary of HHS) testing and treatment for communicable 
diseases.
    State or local governments may not treat an ineligible 
alien as a resident, if such action would treat the alien more 
favorably than a non-resident U.S. citizen. Only citizens and 
work-authorized aliens may receive unemployment benefits or 
Social Security benefits--and benefits may be based only on 
periods of authorized work. The Secretary of Housing and Urban 
Development must report on the implementation of current law 
barring the provision of housing assistance to ineligible 
aliens. Nonprofit charitable organizations are exempt from the 
requirements under this title.

Sec. 202--Definition of ``public charge'' for purposes of deportation

    Clarifies that aliens who receive welfare benefits for more 
than 12 months during the first 5 years after entry (or 
adjustment to legal permanent resident status, if the immigrant 
entered first as a nonimmigrant) are deportable. Exceptions are 
provided for noncitizens who entered prior to enactment, 
refugees, asylees, and immigrants who, after entry, suffer (1) 
a physical disability so severe the alien cannot take any job, 
or (2) a mental disability which requires continuous 
hospitalization.

Sec. 203--Requirements for sponsor's affidavit of support

    Requires that future affidavits of support (in which a 
sponsor promises to support the immigrant) must be legally 
enforceable against the sponsor by the sponsored immigrant, and 
the Federal, State or local governments. An affidavit will be 
legally enforceable until the immigrant has worked 40 
``qualifying quarters'' in the United States or until the 
immigrant naturalizes (whichever is earlier). A qualifying 
quarter is a 3-month period, during which the immigrant (1) 
earned enough for the period to count as a quarter for Social 
Security coverage; (2) did not use welfare; and (3) which 
occurs in a year in which the immigrant paid Federal income 
taxes.
    A sponsor must be a citizen or lawful permanent resident 
domiciled in the U.S. or its possessions; 18 or older; who 
demonstrates the ability to support the sponsor's family and 
the immigrant by showing an annual income of at least 125 
percent of the poverty line (except that for active-duty 
members of the U.S. armed forces, the required minimum income 
is 100 percent of the poverty line).

Sec. 204--Attribution of sponsor's income and resources to family-
        sponsored immigrants

    Provides that, when determining a sponsored immigrant's 
eligibility for any needs-based Federal program, the 
applicant's income shall be deemed to include the income of the 
sponsor and sponsor's spouse for the ``deeming period.'' The 
deeming period is 5 years after entry (for those currently in 
the U.S.) or the length of time that the affidavit is legally 
enforceable (see sec. 203). Students who have been approved for 
Pell grants or other higher education assistance for the 
academic year in which this act is passed are exempted from 
deeming for such educational assistance for the remainder of 
their course of study. States have the option to deem sponsor 
income when determining eligibility for State or local 
government-assistance programs.

Sec. 205--Verification of student eligibility for postsecondary Federal 
        student financial assistance

    Provides that within one year of enactment, the Secretary 
of Education must submit a report to Congress which details the 
operation of the Department's ``computer matching program'' to 
ensure ineligible aliens do not receive higher educational 
assistance by providing fraudulent Social Security numbers on 
their financial aid applications.

Sec. 206--Authority to States and localities to limit assistance to 
        aliens and to distinguish among classes of aliens in providing 
        general public assistance

    Authorizes States to limit the eligibility of any alien for 
needs-based assistance, provided the State restrictions based 
upon alienage are not more restrictive than those imposed by 
the Federal government.

Sec. 207. Earned income tax credit denied to individuals not authorized 
        to be employed in the United States

    Denies earned income tax credit to anyone who has not been 
a citizen or lawful permanent resident for the entire tax year.

Sec. 208--Increased maximum criminal penalties for forging or 
        counterfeiting seal of a Federal department or agency to 
        facilitate benefit fraud by an unlawful alien

    Increases from $250,000 to $500,000 the maximum criminal 
fine, and increases from 5 years to 15 years the maximum 
sentence, that may be imposed for the unauthorized or 
fraudulent use, or the possession or transfer of a facsimile or 
counterfeit, of an official government stamp, seal or other 
similar instrument of authorization when the crime is intended 
to facilitate (or has facilitated) an unlawful alien's 
fraudulent application for (or receipt of) a Federal benefit.

Sec. 209--State option under the Medicaid program to place anti-fraud 
        investigators in hospitals

    Permits reimbursement of expenses incurred by a State when 
hospital staff is supplemented with State or County fraud 
investigators to facilitate the investigation of potentially 
fraudulent Medicaid claims.

Sec. 210--Computation of targeted assistance

    Provides that targeted assistance for refugees (except for 
the Targeted Assistance Ten Percent Discretionary Program) is 
to be allocated on the basis of the number of refugees in the 
qualifying counties who arrived within the previous five years. 
This codifies the current allocation formula established by the 
Office of Refugee Resettlement and is consistent with 
Congress's original intent.

                  Subtitle B--Miscellaneous Provisions

Sec. 211--Reimbursement of States and localities for emergency medical 
        assistance for certain illegal aliens

    Authorizes Federal reimbursement (subject to 
appropriations) for emergency ambulance services provided to 
illegal aliens who are apprehended while crossing the border.

Sec. 212--Treatment of expenses subject to emergency medical services 
        exception

    Permits full Federal reimbursement (subject to advance 
appropriations) of the cost of emergency medical services 
provided to illegal aliens. In order to qualify for 
reimbursement, the hospital must follow guidelines established 
by the Secretary of Health and Human Services to ensure the 
individual served is an illegal alien.

Sec. 213--Pilot programs

    Authorizes two additional ``commuter lane'' pilot projects 
(one each on the northern and southern borders), and pilot 
projects on expanded hours for ports of entry on the northern 
border, and on the use of ports of entry after hours through 
use of card-reading machines or other appropriate technology.

                      Subtitle C--Effective Dates

Sec. 221--Effective dates

    This title shall be effective upon enactment of this act, 
except where otherwise * * *.
          * * * * * * *

                          V. Committee Action

    The committee met on 6 separate days (February 29, March 6, 
13, 14, 20, and 21, 1996) to mark up the subject legislation, 
and on March 21, 1996, with a quorum present, by a vote of yeas 
to nays, the committee ordered an original bill containing 
provisions from S. 269, ``The Immigration Control and 
Responsibility Act of 1995'' offered by Senator Simpson, to be 
favorably reported, as amended. A number of amendments were 
agreed to by unanimous consent, voice vote, and rollcall votes. 
Other amendments were rejected. Following is a list of the 
amendments considered by the committee:

                             recorded votes

    1. The Simpson amendment to strike sections 127 (civil 
penalties for bringing inadmissible aliens from contiguous 
territories) and 177 (transportation line responsibility for 
aliens transmitting without visa); to require a study of 
automated data collection systems; and to revise section 151, 
the definition of ``stowaway'' was agreed to by a roll call 
vote of 11 yeas to 6 nays.
        YEAS                          NAYS
Hatch                               Grassley
Thurmond (by proxy)                 Thompson
Simpson                             Simon
Specter                             Kohl
Brown                               Feinstein
Kyl                                 Feingold
DeWine
Abraham
Kennedy
Leahy
Heflin

    2. The first part of an Abraham amendment which was divided 
into two parts by motion, to strike sections 111-113 and 
section 116 failed by a roll call vote of 9 yeas to 9 nays. The 
second part, to insert ``Penalties against visa-overstayers and 
authorization for 300 visa-overstayer investigators was agreed 
to by voice vote.
        YEAS                          NAYS
Hatch                               Simpson
Thurmond (by proxy)                 Grassley
Specter (by proxy)                  Brown
Thompson                            Kyl
DeWine                              Biden (by proxy)
Abraham                             Kennedy
Leahy (by proxy)                    Simon
Heflin (by proxy)                   Kohl (by proxy)
Feingold                            Feinstein

    3. The Kennedy Amendment to strike sections 111-113 and 
insert the following, ``Part 2--System to Verify Eligibility to 
Work and to Receive Public Assistance'' was agreed to by a 
rollcall vote of 11 yeas to 5 nays.
        YEAS                          NAYS
Hatch                               Specter (by proxy)
Thurmond (by proxy)                 Thompson
Simpson                             DeWine
Grassley                            Abraham
Brown                               Feingold
Kyl
Biden (by proxy)
Kennedy
Simon
Kohl (by proxy)
Feinstein

    4. The Hatch amendment to delete provisions increasing 
civil and criminal penalties for violations of the employer 
sanctions provisions was agreed to by a vote of 10 yeas to 8 
nays.
        YEAS                          NAYS
Hatch                               Simpson
Thurmond                            Grassley
Specter (by proxy)                  Biden (by proxy)
Brown (by proxy)                    Kennedy
Thompson (by proxy)                 Leahy
Kyl                                 Simon
DeWine                              Kohl
Abraham                             Feinstein
Heflin (by proxy)
Feingold

    5. Kennedy's amendment to strike Section 115, Intentional 
Discrimination was defeated by a roll call vote of 7 yeas to 9 
nays.
        YEAS                          NAYS
Thompson                            Hatch
Biden                               Thurmond
Kennedy                             Simpson
Leahy                               Grassley (by proxy)
Simon                               Brown
Kohl (by proxy)                     Kyl
Feingold                            DeWine
                                    Abraham
                                    Feinstein

    6. Simon's amendment to strike Section Criminalizing Voting 
by Legal Aliens was passed by a vote of 9 yeas to 7 nays.
        YEAS                          NAYS
Thompson                            Hatch
DeWine (by proxy)                   Thurmond
Abraham                             Simpson
Biden                               Grassley (by proxy)
Kennedy                             Brown (by proxy)
Leahy (by proxy)                    Kyl
Simon                               Feinstein
Kohl
Feingold

    7. Simon's amendment to strike Death Penalty Provisions was 
defeated by a roll call vote of 5 yeas to 11 nays.
        YEAS                          NAYS
Kennedy                             Hatch
Leahy                               Thurmond
Simon                               Simpson
Kohl                                Grassley
Feingold                            Brown
                                    Thompson
                                    Kyl
                                    DeWine
                                    Abraham
                                    Biden
                                    Feinstein

    8. Abraham's amendment to define serious crimes committed 
by aliens as crimes for which the sentence of imprisonment 
imposed is at least one year for purposes of exclusion or 
deportation by a vote of 12 yeas to 5 nays.
        YEAS                          NAYS
Hatch                               Biden (by proxy)
Thurmond (by proxy)                 Kennedy
Simpson                             Leahy (by proxy)
Grassley (by proxy)                 Simon (by proxy)
Brown                               Feingold
Thompson
Kyl
DeWine
Abraham
Heflin (by proxy)
Kohl
Feinstein

    9. Abraham's amendment to eliminate additional judicial 
review of orders of exclusion or deportation for aliens who 
have been convicted of felonies by a vote of 12 yeas to 6 nays.
        YEAS                          NAYS
Hatch                               Specter (by proxy)
Thurmond                            Biden (by proxy)
Simpson                             Kennedy
Grassley                            Leahy
Brown                               Simon
Thompson                            Feingold
Kyl
DeWine
Abraham
Heflin (by proxy)
Kohl
Feinstein

    10. Abraham's amendment to prevent criminal aliens from 
being released from custody prior to deportation by a vote of 
13 yeas to 4 nays.
        YEAS                          NAYS
Hatch                               Kennedy
Thurmond (by proxy)                 Leahy
Simpson                             Simon
Grassley (by proxy)                 Feingold
Brown
Thompson
Kyl
DeWine
Abraham
Heflin (by proxy)
Kohl (by proxy)
Feinstein

    11. Abraham's amendment to increase adminstrative 
efficiency by authorizing State Court's to make findings of 
fact regarding the deportability of criminal aliens during the 
criminal sentencing by a vote of 11 yeas to 5 nays.
        YEAS                          NAYS
Hatch                               Kennedy
Thurmond (by proxy)                 Leahy
Simpson                             Simon
Grassley                            Kohl (by proxy)
Brown                               Feingold
Thompson
Kyl
DeWine
Abraham
Heflin (by proxy)
Feinstein

    12. Leahy's amendment to strike restrictions against 
withholding of deportation and asylum applications by a vote of 
8 yeas to 8 nays.
        YEAS                          NAYS
DeWine                              Hatch
Abraham                             Thurmond
Biden (by proxy)                    Simpson
Kennedy                             Grassley
Leahy                               Brown
Simon                               Thompson
Kohl                                Kyl
Feingold                            Feinstein

    13. Simpson's amendment to revise the bill's requirements 
for improvements in birth certificates to by a vote of 9 yeas 
to 7 nays.
        YEAS                          NAYS
Simpson                             Hatch
Grassley                            Thurmond (by proxy)
Brown                               Thompson
Kyl                                 DeWine
Kennedy                             Abraham
Heflin (by proxy)                   Leahy (by proxy)
Simon                               Feingold
Kohl
Feinstein

    14. Abraham's Motion to divide the bill into two separate 
bills, one addressing illegal immigration and one addressing 
legal immigration by a vote of 12 yeas to 6 nays.
        YEAS                          NAYS
Hatch                               Simpson
Thurmond (by proxy)                 Grassley
Specter (by proxy)                  Brown
Thompson                            Kyl
DeWine                              Heflin
Abraham                             Feinstein
Biden (by proxy)
Kennedy
Leahy (by proxy)
Simon
Kohl (by proxy)
Feingold

    15. Simon second degree amendment to Senator Specter's 
amendment to make technical changes to Section 155 of the bill.
        YEAS                          NAYS
Simon                               Hatch
Kohl (by proxy)                     Thurmond (by proxy)
Feingold                            Simpson
                                    Grassley
                                    Specter (by proxy)
                                    Brown
                                    Kyl
                                    DeWine
                                    Abraham
                                    Kennedy
                                    Leahy (by proxy)
                                    Feinstein

    16. Senator DeWine's amendment to strike section 194: Time 
limitation on asylum claims, was agreed to by a roll call vote 
of 16 yeas to 1 nay.
        YEAS                          NAYS
Hatch                               Simpson
Thurmond (by proxy)
Grassley
Specter
Brown (by proxy)
Thompson
Kyl
DeWine
Abraham
Kennedy
Leahy (by proxy)
Heflin (by proxy)
Simon
Kohl (by proxy)
Feinstein
Feingold

    17. Senator DeWine's amendment to strike section 172: Open-
Field searches was agreed to by a roll call vote of 12 yeas to 
5 nays.
        YEAS                          NAYS
Hatch                               Thurmond (by proxy)
Specter (by proxy)                  Simpson
Brown                               Grassley
Kyl                                 Thompson
DeWine                              Feinstein
Abraham
Biden (by proxy)
Kennedy
Leahy (by proxy)
Simon (by proxy)
Kohl (by proxy)
Feingold

    18. Senator Kyl's amendment to authorize funding for a 
three-tier fence in the San Diego Area. The amendment provides 
for construction along 14 miles near San Diego, of second and 
third fences, in addition to the existing reinforce fences, and 
for roads in between the fences was agreed to by a roll call 
vote of 12 yeas to 4 nays.
        YEAS                          NAYS
Hatch                               Kennedy
Thurmond (by proxy)                 Leahy (by proxy)
Simpson                             Simon
Grassley                            Feingold
Specter (by proxy)
Brown
Thompson (by proxy)
Kyl
DeWine
Abraham
Kohl
Feinstein

    19. Senator Simpson's amendment to require sponsors to 
submit most recent 3 years of income tax returns, in order to 
show that the sponsor would be able to fulfill his or her 
contractual obligation to provide assistance when the sponsored 
person is in financial need was agreed by a roll call vote of 
13 yeas to 2 nays.
        YEAS                          NAYS
Hatch                               DeWine
Thurmond (by proxy)                 Simon
Simpson
Grassley (by proxy)
Brown
Thompson
Kyl
Abraham
Kennedy
Leahy (by proxy)
Kohl
Feinstein
Feingold

    20. Senator Kennedy's amendment to limit public assistance 
safety net restriction for legal immigrants to programs of cash 
assistance was defeated by a roll call vote of 4 yeas to 12 
nays.
        YEAS                          NAYS
Specter (by proxy)                  Hatch
Kennedy                             Thurmond (by proxy)
Leahy (by proxy)                    Simpson
Simon                               Grassley (by proxy)
                                    Brown
                                    Thompson
                                    Kyl
                                    DeWine
                                    Abraham
                                    Kohl
                                    Feinstein
                                    Feingold

    21. Senator Simon's amendment to strike of Retroactive 
Deeming Requirements was defeated by a roll call vote of 7 yeas 
to 9 nays.
        YEAS                          NAYS
Hatch                               Thurmond (by proxy)
Specter (by proxy)                  Simpson
DeWine                              Grassley
Kennedy                             Brown
Leahy (by proxy)                    Thompson
Simon                               Kyl
Feinstein                           Abraham
                                    Kohl (by proxy)
                                    Feingold

    22. Senator Kennedy's amendment to provide exceptions to 
sponsor deeming for legal immigrants when public health is at 
stake, for school lunches, for child nutrition programs, and 
for other purposes was defeated by a roll call vote of 7 yeas 
to 8 nays.
        YEAS                          NAYS
Specter (by proxy)                  Hatch
DeWine                              Thurmond (by proxy)
Kennedy                             Simpson
Leahy (by proxy)                    Grassley
Simon                               Brown
Feinstein                           Thompson
Feingold                            Kyl
                                    Abraham

    23. Senator Kennedy's amendment to exempt legal immigrants 
from restrictions on educational assistance for aliens was 
defeated by a roll call vote of 7 yeas to 9 nays.
        YEAS                          NAYS
Specter (by proxy)                  Hatch
DeWine                              Thurmond (by proxy)
Kennedy                             Simpson
Leahy (by proxy)                    Grassley
Simon                               Brown
Kohl (by proxy)                     Kyl
Feingold                            Thompson
                                    Abraham
                                    Feinstein

    24. Senator Kyl's amendment offered by Senator Leahy to 
strike sections 212, the Border Crossing Fee was agreed to by a 
roll call vote of 13 yeas to 4 nays.
        YEAS                          NAYS
Hatch                               Thurmond (by proxy)
Specter (by proxy)                  Simpson
Brown (by proxy)                    Grassley
Thompson                            Feinstein
Kyl
DeWine
Abraham
Kennedy
Leahy
Heflin (by proxy)
Simon
Kohl (by proxy)
Feingold

    25. Senator Kennedy's amendment to limit pregnancy services 
for undocumented aliens was agreed to by a roll call vote of 8 
yeas to 7 nays.
        YEAS                          NAYS
Hatch                               Thurmond (by proxy)
Specter (by proxy)                  Simpson
DeWine (by proxy)                   Grassley
Kennedy                             Brown
Leahy (by proxy)                    Thompson
Simon                               Kyl
Feinstein                           Abraham
Feingold

    26. Senator Brown's amendment to strike section 213, Cruise 
Line Fees by a roll call vote of 9 yeas to 7 nays.
        YEAS                          NAYS
Hatch                               Thurmond (by proxy)
Specter (by proxy)                  Simpson
Brown                               Grassley
Thompson                            Kennedy (by proxy)
Kyl                                 Simon
DeWine                              Feinstein
Abraham                             Feingold
Leahy
Heflin

    27. Senator Feinstein's amendment to end deeming at 
citizenship (Strike lines 14-18, Title II-9, and insert the 
following) was agreed to by a roll call vote of 11 yeas to 5 
nays.
        YEAS                          NAYS
Hatch                               Thurmond (by proxy)
Specter (by proxy)                  Simpson
Thompson                            Grassley
DeWine                              Brown
Abraham                             Kyl
Kennedy
Leahy (by proxy)
Simon
Kohl (by proxy)
Feinstein
Feingold

    28. Senator Feingold's amendment to Strike Section 209, 
Limitation on the Award of Costs and Fees was agreed to by a 
vote of 10 yeas to 5 nays.
        YEAS                          NAYS
Hatch                               Thurmond (by proxy)
Specter (by proxy)                  Simpson
Thompson                            Grassley
DeWine                              Brown
Abraham                             Kyl
Kennedy
Leahy (by proxy)
Simon
Kohl (by proxy)
Feingold

    29. To report the bill favorably as an original bill:
        YEAS                          NAYS
Hatch                               Kennedy
Thurmond (by proxy)                 Leahy (by proxy)
Simpson                             Simon
Grassley                            Feingold
Specter (by proxy)
Brown
Thompson
Kyl
DeWine
Abraham
Heflin (by proxy)
Kohl (by proxy)
Feinstein

    The following amendments were agreed to by unanimous 
consent:
          1. Simpson Amendment to require report by the 
        Attorney General on need for detention space.
          2. Simpson technical amendment to prevent double 
        counting of long-term parolees.
          3. Simpson amendment to provide that a stay of 
        deportation or exclusion is not automatic when an alien 
        seeks judicial review [bill would allow appeals to be 
        pursued from abroad].
          4. Simpson amendment with respect to motions to 
        reopen in absentia deportation orders, provides that 
        automatic stay of deportation applies only until judge 
        decides on the motion (thereafter, stay ends unless 
        there are ``individually compelling circumstances'').
          5. Simpson amendment regarding new cancellation of 
        exclusion and deportation provision [which replaces 
        suspension of deportation under 212(c) and 244(a)], 
        restore two provisions from current law which provide 
        more generous treatment for battered spouses and less 
        generous treatment for criminal aliens.
          6. Simpson amendment to bar to re-entry after 
        exclusion is increased to 5 years [currently 1 year].
          7. Simpson amendment to require fingerprinting of 
        illegal aliens apprehended anywhere in the U.S.
          8. Simpson amendment to add conspiracy to the 
        offenses listed in bill sec. 125 (expanded forfeiture) 
        and 126 (criminal forfeiture) and 126 (criminal 
        forfeiture)
          9. Simpson amendment to add 18 U.S.C. 1541 (passport 
        issuance without authority) to bill sec. 128 (increased 
        criminal penalties for fraudulent use of government-
        issued documents)
          10. Simpson amendment to add coverage of 18 U.S.C. 
        1541 to sentencing guidelines for various offenses 
        relating to document fraud.
          11. Simpson amendment that for purposes of the 
        terrorism ground of exclusion, to expand definition of 
        ``engage in terrorist activity'' to include providing 
        false documentation.
          12. Grassley amendment designating Congress as one of 
        the five verification system demonstration projects.
          13. Kyl amendment to limit liability of employers 
        complying with any verification system or pilot project 
        verification system.
          14. Kyl amendment to require that any alien who has 
        overstayed a visa return to his or her home country to 
        obtain another visa from the consular office there. It 
        was agreed that Senators would work to modify the 
        amendment further.
          15. Kennedy's Omnibus Amendment to Improve Criminal 
        Provisions.
          16. Feinstein's amendment to increase personnel 
        levels for the Labor Department was accepted after 
        being modified by a Simon amendment to add a section on 
        Preference for bilingual wage and hour inspectors.
          17. Kyl's amendment to expand detention facilities to 
        at least 9,000 beds by fiscal year 1997.
          18. Kyl's amendment to advise the President to add a 
        component to the prison transfer treaty language that 
        states that if a transferred prisoner returns to the 
        United States prior to the completion of his original 
        U.S. sentence, the U.S. sentence is not discharged.
          19. Kyl's amendment to Judicial Review Provisions of 
        Section 142.
          20. Senator Grassley's amendment, with a modification 
        made by Senator Kennedy, regarding acceptance of state 
        services to carry out immigration enforcement.
          21. Senator Specter's amendment to make technical 
        changes to Section 155 of the bill.
          22. Senator Feingold's amendment to build some 
        accountability into the process of hiring all of the 
        new agents authorized by the bill.
          23. Senator Kyl's amendment to increase the number of 
        Border Patrol agents by 1,000 per year over the next 
        five years, with a modification.
          24. Senator Brown's amendment to provide similar 
        treatment to employment agencies that refer for a fee 
        and State employment agencies.
          25. Senator Brown's amendment to deny asylum for 
        those who file for the first time in deportation 
        proceedings which began more than 1 year after entry 
        into the United States with some exceptions, was agreed 
        to with a commitment to further modify the language.
          26. Senator Kennedy's amendment to ensure compliance 
        with treaty obligations pertaining to refugees, with a 
        modification.
          27. Senator Kyl's amendment to add a new section XXX 
        Immigration Judges and Compensation.
          28. Senator Brown's modified amendment to deny asylum 
        for those who file for the first time in deportation 
        proceedings which began more than 1 year after entry 
        into the United States with some exceptions.
          29. Senator Brown's modified amendment to provide for 
        an exception to the strict liability for record keeping 
        requirements in cases of disaster, acts of God, and 
        other events beyond the control of the person or 
        entity.
          30. Senator Simpson's amendment to provide exception 
        from deeming requirement if sponsored individual is in 
        hardship.
          31. Senator Kyl's amendment to require the states and 
        localities be reimbursed for transporting illegal 
        aliens injured while attempting to cross the U.S. 
        border.
          32. Senator Kyl's amendment to require the federal 
        government to reimburse states and localities for the 
        costs associated with providing emergency services to 
        illegal aliens; that all hospitals and facilities that 
        are contracted out by local and state governments would 
        be eligible for reimbursement; that the non-profit and 
        for-profit hospitals that service a disproportionate 
        share of low income patients, as defined by Medicare 
        provision in the Social Security Act, are eligible for 
        reimbursement.
          33. Senator Kyl's amendment to require the Department 
        of Education together with the Social Security 
        Administrator to report within one year on the 
        effectiveness of their program to verify the status of 
        all applicants applying for higher education benefits.
          34. Senator Kyl's modified amendment to strike 
        section 120A: Office for the enforcement of employer 
        sanctions.
          35. Senator Kyl's modified amendment to section 
        111(b), to limit the amount employers will have to 
        spend complying with the verification system.
          36. Senator Kyl's modified amendment to require that 
        any alien who has overstayed a visa return to his or 
        her home country to obtain another visa from the 
        consular office there.
          37. Senator Grassley's amendment to create an 
        exemption from deeming for nonprofits, with an 
        understanding that the parties would continue to work 
        out language if necessary.
          38. Senator Kennedy's amendment to preclude 
        immigration checks by community-based service 
        organizations for certain assistance programs, as 
        determined by the Attorney General.
          39. Simpson amendment, as modified, to require the 
        State Department to deny visas to nationals of 
        countries that refuse to accept nationals (waiver if 
        denial would be inconsistent with a treaty or executive 
        agreement).
    The following amendments were agreed to by voice vote:
          1. Kyl amendment to strike section 118: Retention of 
        fines for purposes of law enforcement.
          2. Kyl amendment to strike the asset forfeiture 
        provisions regarding unlawful employment of aliens.
          3. Feinstein's amendment to establish a Demonstration 
        Project for Identification of Illegal Aliens in 
        Incarceration Facility of Anaheim, CA.
          4. Brown's amendment to exclude aliens that incite 
        violence or terrorist acts against the U.S. Government, 
        citizens, or officials.
    The following amendment was rejected by voice vote:
          Simon amendment to Judicial Review Provisions of 
        section 142.

                           VI. Cost Estimate

    The Congressional Budget Office estimate of the costs of 
this measure and compliance with the requirements of the 
Unfunded Mandates Reform Act has been requested but had not 
been received at the time the report was filed. When the report 
is available, the chairman will request that it be printed in 
the Congressional Record for the advice of the Senate.

                    VII. Regulatory Impact Statement

    In compliance with Rule 26.11b of the Standing Rules of the 
Senate, the committee hereby states that the committee bill's 
only significant regulatory impacts will result from the 
following provisions: sec. 111 and 112 direct the President to 
conduct pilot projects on systems to verify eligibility to work 
and eligibility to receive welfare benefits, and to recommend 
such a system to Congress for implementation; sec. 116(b) 
provides for a reduction in the number of acceptable documents 
for purposes of the law against knowing employment of 
unauthorized aliens and authorizes the Attorney General to 
prohibit use of additional documents; Sec. 118 provides for 
regulations of the Secretary of Health and Human Services to 
set standards for U.S. birth certificates, and for regulations 
of the Secretary of Transportation to set standards for State-
issued drivers licenses and identification documents; and Sec. 
151(c) provides that the Attorney General may by regulation 
take immediate custody of any stowaway and charge the owner, 
charterer, agent, consignee, agent, commanding officer, or 
master of the vessel or aircraft on which the stowaway has 
arrived the costs of detaining the stowaway.
                VIII. ADDITIONAL VIEWS OF SENATOR HATCH

    I am gratified that the committee supported my amendment to 
strike increases in civil and criminal penalties against 
employers for violations of the sanctions provisions under 
current law. I am similarly gratified that the committee 
adopted several Kyl/Hatch amendments. These amendments struck 
civil and criminal asset forfeiture penalties for employer 
sanctions violations; rejected the notion of a revolving fund 
for fines assessed against employers going back to the INS; and 
dedicated more funds to educating employers in lieu of a 
separate Office of Sanctions Enforcement.
    About 10 years ago, Congress enacted what was described as 
a key component of a program to control illegal immigration, 
making it illegal for employers to hire knowingly persons 
unauthorized to work in the United States.
    This employer sanctions regime is well-intentioned. In my 
view, however, the employer sanctions regime is mistaken. While 
I have in the past supported an outright repeal, the intent of 
my amendment and those amendments offered by Senator Kyl was 
simply to ensure that this bill did not make the current 
situation worse.
    First, I do not believe we should, in effect, convert our 
nation's employers into guardians of our borders--that is a job 
for the Border Patrol and the INS. We should beef up our effort 
to control illegal immigration at the border and to track visa 
overstayers, and I am pleased that the bill reported by this 
committee does exactly that. Our employers, however, have 
enough to do competing in the global marketplace while 
complying with hundreds of other federal rules and regulations.
    Second, employer sanctions do not work. If they did, we 
would not be debating a verification system. If sanctions 
worked, we would not have the level of concern we presently 
have about the very issue of illegal immigration. We would not 
have seen so much television footage of persons illegally 
crossing our borders by running against traffic on highways in 
order to defeat vehicular pursuit. We would not have seen a 
ship grounded off of our New Jersey shore a few years ago 
loaded with aliens to be smuggled into our country. We would 
not be reading about illegal aliens loaded onto box cars which 
are then sealed south of our border on their way north.
    Third, employer sanctions have had serious adverse 
consequences. These are unintended, but still very real. A 
cottage industry of phony documents used to beat to system has 
been further spurred by employer sanctions. Moreover, employer 
sanctions are an unintended, but inevitable, incentive to 
employers to discriminate against persons who look and sound 
foreign. And while such discrimination is forbidden by the 1986 
Immigration Reform and Control Act, not all such discrimination 
can be uncovered and remedied.
    The problem with employer sanctions is not in the details, 
it is in the very concept. We should resist the notion that 
they need to be ``tightened up'' or ``made tougher.'' All we 
will achieve is placing more burdens on business.
    Finally, the bill retains significant increases for 
personnel directed to investigate and prosecute employers for 
sanctions violations. I remain concerned about those increases. 
These new investigators and prosecutors, in my view, should be 
dedicated to going after smugglers and document fraud, not 
American employers.

                                   Orrin Hatch.
                IX. ADDITIONAL VIEWS OF SENATOR ABRAHAM

    I would like to express my support for the final illegal 
immigration reform bill (S. 269) worked out by this committee. 
It is, in my view, much improved over the original. This final 
version of the bill makes needed, substantive reforms because 
it now focuses on the real problem of illegal immigration 
without punishing law-abiding employers and immigrants who play 
by the rules. It now concentrates on better enforcement, both 
at the border and in dealings with visa overstayers and 
criminal aliens. It restricts welfare use by immigrants. It no 
longer includes a harmful border tax. And, while progress in my 
view remains to be made in this area, it no longer institutes a 
mandatory identification system that would needlessly harm 
workers, employers and law-abiding citizens. These are changes 
I believed were called for in the original bill. Indeed, I 
introduced my own immigration reform bill, S. 1535, in part as 
an effort to put on the table a number of changes that I am 
happy to say ended up as amendments incorporated in the final 
bill.
    First let me say that I am gratified that the committee 
voted overwhelmingly, 12 to 6, for my amendment to split the 
bill back into its original two parts--one dealing with illegal 
and the other with legal immigration. I argued throughout that 
this presented a threshold issue, which would determine whether 
we would place sufficient emphasis on stemming the tide of 
illegal immigrants without endangering the rights and well-
being of Americans and law-abiding immigrants. It is my firm 
intention to seek to maintain the separation of illegal and 
legal immigration reform when these matters reach the Senate 
floor, and throughout the legislative process.
    By splitting the bill, we allowed ourselves to focus on 
immigrants who flout our laws. Thus, the committee adopted the 
Kyl-Abraham amendment to increase by 300 the number of extra 
border patrol agents the bill would add each year, to a total 
of 1,000 per year. Further, recognizing that roughly one half 
of all illegal aliens enter this country legally, then overstay 
their visas, the committee adopted my amendment to apply real 
sanctions to those who overstay their allotted time. My 
amendment imposes a forced waiting period of at least three 
years before any visa overstayer can be considered for another 
visa.
    As important, we made real progress toward ridding our 
nation of the 450,000 criminal aliens in our jails and on our 
streets. A package of four amendments that I sponsored was 
adopted. This package will: (1) Prohibit the Attorney General 
from releasing convicted criminal aliens from custody; (2) End 
judicial review for orders of deportation entered against these 
criminal aliens--while maintaining the right to administrative 
review and the right to review the underlying conviction; (3) 
Require the Attorney General to deport criminal aliens within 
thirty days of the conclusion of the alien's prison sentence--
with exceptions made only for national security reasons or on 
account of the criminal alien's cooperation with law 
enforcement officials; and (4) Permit state criminal courts to 
enter conclusive findings of fact, during sentencing, that an 
alien has been convicted of a deportable offence. These 
provisions will aim our efforts toward the real problem of 
criminal activity, and away from measures that do more to hurt 
Americans and others who play by the rules than the law-
flouters we are after.
    The committee also approved the Kyl-Leahy-Abraham amendment 
to strike the border tax that would have hurt our burgeoning 
trade with both Canada and Mexico. Canada alone purchased $115 
billion of U.S. goods last year. The increased congestion at 
border crossings, the increased expense and the increased delay 
for truckload shipping could only hurt this trade, and the many 
workers engaged in it.
    Finally, Mr. Chairman, I would like to mention one area in 
which I believe we did not go far enough in changing the 
original illegal immigration reform bill. I am pleased that we 
did away with the original mandatory employee verification 
system. The costs would have been staggering, the system 
horribly inefficient and the burden on workers misidentified by 
mistake-riddled government records appalling. Unfortunately, 
the bill now contains a provision, authored by Senator Kennedy, 
that provides for ``local and regional'' pilot programs in 
states with high numbers of illegal aliens.
    I oppose this provision, Mr. Chairman, and intend to offer 
an amendment with Senators Feingold and DeWine to strike it 
from the bill when it reaches the floor. Why do we oppose it? 
Because the new system would be inefficient and, before long, 
both national and mandatory. That the scope of the provision 
will expand seems clear. Only the ``regional'' language imposes 
any limit. There is no bar to the creation of a comprehensive 
national database. And projects, while ``regional'' could be of 
unlimited number. What is more, this provision sets up the 
bureaucracy, imposes employer mandates, and imposes new 
liabilities on employers which would make transition to a 
national system almost automatic. Indeed, the provision calls 
for the President to present Congress with a plan for a 
nationwide system after just four years. It is my firm belief 
that we should stick with reforms in the existing 
identification structure without imposing this new burden on 
workers and employers.
    So overall, Mr. Chairman, I am satisfied that this bill now 
includes the prudent law enforcement measures needed to get 
illegal immigration under control. I remain concerned, however, 
that the Kennedy provision will produce a costly, intrusive, 
and ineffective national employee verification system, and I 
intend to fight the provision on the floor.
    Senator DeWine joins in these views.

                                                       Sam Abraham.
     X. ADDITIONAL VIEWS OF SENATORS De WINE, ABRAHAM, AND FEINGOLD

    We wish to note our strong opposition to the provision that 
relates to identification-related documents.
    The committee amended the bill as it pertains to national 
standards for birth certificates and drivers licenses. Section 
118 no longer, by its terms, requires that such identification 
documents include fingerprints or other biometrics data; it 
nevertheless charges the Secretary of Health and Human Services 
with developing federal standards to make these documents less 
susceptible to counterfeiting. The committee also removed the 
requirement that states develop methods for matching death 
certificates and birth certificates. This requirement was 
replaced by a section that would encourage states to establish 
pilot programs that would implement certificate matching 
systems.
    Notwithstanding these changes, we remain strongly opposed 
to section 118.
    First, since this provision dictates to state agencies the 
type of documents they may accept and the form of documents 
they must issue, even for solely state purposes, we believe it 
raises serious concerns regarding federalism. States should be 
free to determine the standards of their own documents of 
record.
    Second, the burdens imposed on the states by the 
requirements regarding document safety features appears to be a 
substantial unfunded mandate. Additionally, proponents have 
failed to provide any estimate as to what these mandates would 
cost.
    Likewise, the federal costs associated with this section 
are also unspecified. Neither the federal document issuance 
costs nor the cost of pilot programs has been estimated. To 
commit to the funding of a federally-mandated program without 
any notion of the likely cost of that mandate is ill-advised.
    Finally, leaving decisions regarding what features these 
documents should contain to federal bureaucrats is unwise and 
potentially dangerous. Under the current language, HHS could 
develop standards even more intrusive and costly than those 
articulated in the original legislation. We do not believe that 
the setting of such standards should be left to the federal 
bureaucracy with nothing more than a requirement that they 
consult with the states who will be burdened by those 
standards. The bill does not provide for any congressional 
review of the standards, nor does it impose any limit on what 
HHS can mandate. The provision is ill-conceived, and contrary 
to any reasonable concern for civil liberties.

                                   Mike DeWine.
                                   Spencer Abraham.
                                   Russ Feingold.
     XI. ADDITIONAL VIEWS OF SENATORS DeWINE, KENNEDY, AND FEINGOLD

    We wish to note our serious reservations regarding Section 
194, the provision dealing with a time limitation on asylum 
claims.
    As originally written, that section would have required 
aliens seeking asylum to file for such asylum within thirty 
days of arriving in the United States. Along with Senators 
Abraham and Feingold, we introduced an amendment to strike this 
time limit. We noted that, since INS had imposed new asylum 
application regulations in late 1994, the flagrant abuses of 
the asylum process had been substantially reduced. Further, we 
and other amendment sponsors noted that the persons most 
deserving of asylum status--those under threat of retaliation, 
those suffering physical or mental disability, especially when 
abuse resulting from torture--would most be hurt by the 
imposition of any filing deadline, and particularly so, if the 
deadline was thirty days. We are pleased that the committee, by 
a 16 to 1 vote, agreed, and struck the thirty day time limit.
    The committee then passed an amendment to section 194 
offered by Senator Brown, which imposed a one year filing 
deadline, but permitted persons to file later than one year if 
they can show good cause for not filing sooner. While this 
language is far better than the original thirty day time limit, 
we remain concerned that any limit creates unnecessary hardship 
on those who are deserving of asylum, but who may find it 
difficult to show good cause under the standard of amended 
section 194.
    Our concern is borne out by report language which states 
that ``[g]ood cause'' could include circumstances that changed 
after the applicant entered the U.S. and that are relevant to 
the applicant's eligibility for asylum; physical or mental 
disability; threats of retribution against the applicant's 
relatives abroad; or other extenuating circumstances, as 
determined by the Attorney General.'' (Emphasis added.) By a 
16-to-1 vote, the committee agreed that 30 days was 
insufficient time to allow persons to file for asylum. The 
discussion on this section also illustrated clearly that the 
types of circumstances indicated in the report language were 
not only things that ``good cause'' could include, but were 
things that ``good cause'' did include. Unfortunately, the 
report, as written, would allow the issuance of federal 
regulations that might exclude the very types of applicants 
that the committee specifically intended to include. As a 
result, we wish to express my continuing concern with the 
imposition of any time limits on asylum seekers. In the 
alternative, we urge that ``good cause'' be broadly defined to 
include all reasonable circumstances that could prevent a 
deserving asylum seeker from applying for asylum. This action 
is completely consistent with the historical precedents that 
have long made the United States a haven for those persecuted 
for their political and religious beliefs.

                                   Mike DeWine,
                                   Ted Kennedy,
                                   Russ Feingold.
       XII. MINORITY VIEWS OF SENATORS KENNEDY, SIMON, AND LEAHY

    Any serious legislative effort to better control illegal 
immigration not only must enhance border enforcement, but also 
must deny the magnet of jobs to those in the United States 
unlawfully. This bill represents major progress in addressing 
both these facets of the illegal immigration problem by 
increasing border patrol agents, immigration inspectors, and 
Labor Department inspectors, and, as discussed in greater 
detail below, by imposing stiff new penalties for alien 
smuggling, document fraud, and operation of sweatshops. While 
we may disagree on the merits of the bill's employment 
eligibility verification proposals, we can agree that there is 
much to be said for the bill's efforts in the area of illegal 
immigration.
    However, at the same time it accomplishes the worthy goal 
of deterring and preventing illegal immigration, the bill also 
proceeds at the expense of legal immigrants, refugees, and 
American citizens. It jeopardizes our tradition of providing 
haven to those fleeing political persecution. It denies a 
safety net to legal immigrant families who are here legally, 
playing by the rules, and contributing to our communities--but 
who may fall on hard times through no fault of their own--and 
in so doing, places the public health and safety at risk. 
Finally, it fosters discrimination against American citizens 
and legal immigrants by limiting the available remedies against 
employers who treat foreign-looking or foreign-sounding 
American job applicants different from the rest of Americans.

         I. Bad News: Denial of Safety Net to Legal Immigrants

    While the bill ostensibly focuses on illegal immigration, 
title II mainly contains limitations on legal immigrants' 
access to a wide array of public programs. Many of these 
individuals, who have played by the rules while other aliens 
have chosen to flout them, will under this bill find themselves 
effectively barred from receiving virtually any means-tested 
government assistance for at least 5 years, including:
         Assistance that this bill, in the public 
        interest, makes freely available to illegal immigrants, 
        such as emergency medical care, emergency disaster 
        relief, and immunization assistance.
         Child Nutrition programs, Head Start, and 
        school lunches.
         Higher education and job training assistance--
        the very tools that would enable immigrants to escape 
        welfare dependence in the future.
    The committee's decision to disaggregate the legal and 
illegal immigration proposals approved by the subcommittee 
arose from the belief that the two subjects are distinct, and 
that the national furor over illegal immigration should not be 
allowed to poison our view of immigrants who have come to the 
United States legally, paid taxes, served in our military, and 
been productive members of our communities. Yet the bill's 
treatment of legal immigrants in the welfare reform context 
reflects exactly what we sought to avoid in separating illegal 
from legal immigration legislation.
    The bill's welfare reform provisions are premised on the 
twin notions that: (1) As a matter of fact, many immigrants 
come to, or stay in, this country not to work hard and earn a 
living, but to feed from the public trough at taxpayer expense; 
\1\ and (2) As a matter of policy, immigrants' sponsors, not 
the United States government, should assume responsibility for 
immigrants' welfare until the immigrant has sufficiently paid 
into the system.\2\ Because of these concerns, the bill:
---------------------------------------------------------------------------
    \1\ See Committee Report at      (``Before the welfare state, if an 
immigrant could not succeed in the U.S., he or she often returned to 
the `old country.' This happens less often today, because of the 
welfare `safety net.' '')
    \2\ Id. at      (``It should be made clear to immigrants that the 
taxpayers of this country expect them to be able to make it in this 
country on their own and with the help of their sponsors.'')
---------------------------------------------------------------------------
         Renders deportable any immigrant who has 
        received almost any means-tested state or federal 
        benefits for an aggregate of 12 months within his first 
        five years in the United States;
         Requires an immigrant sponsor to undertake a 
        binding contractual obligation to support the immigrant 
        until he has worked 40 ``qualifying quarters'' or has 
        naturalized; and
         Requires an immigrant sponsor's income to be 
        ``deemed'' to the immigrant for the duration of the 
        sponsor's contract of support when determining the 
        immigrant's eligibility for any means-tested federal 
        benefit.
    While we are sensitive to some of the concerns motivating 
these provisions, and in fact agree with many of the underlying 
principles of sponsor responsibility that they embody, these 
proposals betray a fundamental misconception about immigrants' 
utilization of government assistance. Moreover, they are simply 
too inflexible and harsh in their restrictions on immigrants' 
access to an overly broad array of government assistance 
programs.
    The bill's benefits provisions have a variety of other, 
unintended consequences that furnish additional justification 
for our opposition to this bill. First, with the bill's removal 
of the federal safety net for immigrants, state and local 
assistance providers will face an unexpected and substantial 
cost-shift as immigrants who are barred from federal assistance 
look elsewhere for aid. This cost shift is incompatible with 
the federal government's plenary power over immigration, and 
likely an unlawful unfunded mandate. Second, these provisions 
will create innumerable bureaucratic problems for federal, 
state, local, and private service providers, who will now be 
saddled with the administrative burdens of determining which 
immigrant applicants for assistance are entitled to benefits, 
which have sponsors, and what their sponsors' income is. While 
the worst of these problems were solved by amendments offered 
successfully by Senators Kennedy and Grassley to exclude non-
profits and certain community-based organizations from having 
to conduct immigration inspections, the administrative problems 
caused by these rules persist with a variety of other 
providers, and threaten not only immigrants' access to benefits 
but the ability of native-born Americans to access these 
services in an efficient manner.

                               the facts

    Despite concerns about immigrants' use, or abuse, of 
government benefits, the facts are that:
         The overwhelming majority of legal immigrants 
        (over 93 percent) do not use ``welfare'' as 
        conventionally defined--i.e., Aid to Families with 
        Dependent Children (AFDC), Supplemental Security Income 
        (SSI), or General Assistance.\3\
---------------------------------------------------------------------------
    \3\ See Fix, Passel, and Zimmerman, ``The Use of SSI and Other 
Welfare Programs by Immigrants,'' Written Testimony of the Urban 
Institute Before the Senate Subcommittee on Immigration and Refugee 
Affairs, February 6, 1996 (``Urban Institute Testimony''), at 2.
---------------------------------------------------------------------------
         While immigrants have slightly higher welfare 
        use rates than native-born Americans, (6.6 percent of 
        immigrants access welfare versus 4.9 percent of the 
        native-born population),\4\ welfare use among 
        immigrants is concentrated among refugees and elderly 
        immigrants receiving SSI. These two subpopulations make 
        up 21 percent of the immigrant population, but comprise 
        40 percent of immigrant welfare users.\5\ Refugees--who 
        are not sponsored into the United States, and to whom 
        we owe distinct obligations as a matter of 
        international law--are not subject to most of the 
        restrictions in the bill.
---------------------------------------------------------------------------
    \4\ Ibid. See also March 1994 Current Population Survey (CPS).
    \5\ Fix, Zimmerman, ``When Should Immigrants Receive Public 
Benefits,'' The Urban Institute, Immigrant Policy Program, May 1995, at 
4-5. See also March 1994 CPS.
---------------------------------------------------------------------------
         Poor immigrants are less likely than poor 
        native-born Americans to use welfare. 16 percent of 
        poor immigrants used welfare versus 25 percent of poor 
        native-born Americans.\6\
---------------------------------------------------------------------------
    \6\ Id. at 6.
---------------------------------------------------------------------------
         There is real evidence of immigrants' 
        disproportionate use of SSI. In 1993, elderly 
        immigrants comprised 28 percent of SSI users, but only 
        9 percent of the total elderly population.\7\ However, 
        there is no evidence of immigrant abuse with respect to 
        other government assistance programs.\8\
---------------------------------------------------------------------------
    \7\ Id. at 5. See also Scott and Ponce, ``Aliens Who Receive SSI 
Benefits,'' Office of Supplemental Security Income, Social Security 
Administration, March 1994.
    \8\ ``It would appear that the disproportionate use of benefit 
programs by immigrants is confined largely to the Supplemental Security 
Income program for the aged, blind, and disabled.'' Written Testimony 
of Susan Forbes Martin, Executive Director, U.S. Commission on 
Immigration Reform, before the Senate Subcommittee on Immigration and 
Refugee Affairs, February 6, 1996 (``Commission Testimony''), at 2.
---------------------------------------------------------------------------
 Welfare use among non-refugee immigrants of working 
age is about the same as that for natives, 5.1 percent versus 
5.3 percent.9
---------------------------------------------------------------------------
    \9\ Urban Institute Testimony at 5. See also March 1994 CPS.
---------------------------------------------------------------------------
    Clearly, claims of widespread immigrant abuse of government 
assistance programs are unfounded. Like their predecessors, 
from whom most of us are descended, today's legal immigrants 
work hard, contribute to our coffers more than they 
take,10 and shun dependence on government assistance 
whenever possible. This is not to say that no areas of abuse 
exist, or that all immigrants fit into this mold, but rather 
that any reforms of immigrant eligibility for government 
benefits must be carefully crafted to provide assistance to 
those who deserve and need it, and to reserve the most severe 
restrictions for those programs that have been prone to some 
abuse. The bill falls short of achieving this careful balance, 
and instead takes a cookie-cutter approach that treats all 
government assistance as identical and fungible, at the expense 
of sensible, far-sighted policy making.
---------------------------------------------------------------------------
    \10\ The Urban Institute has estimated that post-1970 legal 
immigrants have generated a net surplus of $25 billion in government 
revenues. See Fix and Passel, Immigration and Immigrants: Setting the 
Record Straight, The Urban Institute, May 1994, at 60.
---------------------------------------------------------------------------

               The Benefits Provisions of the Legislation

    A. Public Charge--As noted, section 202 renders deportable 
as a ``public charge'' an immigrant who receives virtually any 
means-tested federal or state benefit for an aggregate of 12 
months during his first 5 years in the United States. 
Notwithstanding the majority's claims that section 202 simply 
clarifies existing law, which denies entry to any immigrant who 
is likely to become a ``public charge'' in his first 5 years in 
the United States, section 202's definition of who constitutes 
a ``public charge'' is new, and of such an overwhelming sweep 
as to be at odds with fundamental fairness.
    First, and most important, section 202 includes absolutely 
no limitations period cabining the Attorney General's ability 
to deport a ``public charge.'' Thus, an individual who received 
12 months worth of public assistance between 1997 and 2002 
could still be deported as a public charge in 2025, or 2045, or 
2065, after she got settled, found steady work, raised a 
family, and became a productive member of society.11 
Fairness and predictability require that the Attorney General 
not be given authority in perpetuity to deport an immigrant for 
conduct occurring during the immigrant's first five years here.
---------------------------------------------------------------------------
    \11\ The lack of a limitations period is particularly problematic 
given that ``[a]verage household incomes of legal * * * immigrant 
households rise with time in the United States and surpass those of 
natives after ten years in this country.'' See Fix and Passel, 
Immigration and Immigrants: Setting the Record Straight, at 69. Thus, 
while an immigrant may at an early point in her tenure in this country 
rely on government benefits, it is likely that at a later point, she 
will become a contributing member of society, and may in fact have the 
wherewithal to reimburse the government for services rendered in the 
past. Nothing in the bill's public charge provisions accounts for this 
likelihood.
---------------------------------------------------------------------------
    Second, even if some suitable limitations period were added 
to the public charge provisions, section 202 sweeps far too 
broadly. The array of government programs that serve as 
predicates for deportation under these provisions is 
astounding. It includes, in addition to cash programs 
traditionally defined as welfare: Head Start; Pensions for 
veterans; rural housing loans; student loans; low income energy 
assistance; job training programs; and many, many other non-
cash programs. Thus, for example, an immigrant who arrives in 
1996 and receives a one-year Pell Grant in 1998 to complete his 
education is deportable because of that transgression. While 
there is merit to the notion that immigrants should not arrive 
in the United States and immediately fall into reliance on 
government assistance, the list of programs giving rise to 
deportability under section 202 includes assistance that falls 
outside our traditional notions of welfare, that should be 
available to all individuals in the public interest, and that 
will ultimately enable legal immigrants from escaping the kind 
of welfare dependency that the majority frowns on. The House 
Immigration Bill, H.R. 2202, chose precisely this route, 
limiting the public charge predicate programs to six: AFDC, 
Food Stamps, SSI, Medicaid, Housing Assistance, and State 
general assistance.
    We will be offering amendments on the floor to address our 
concerns with this section.
    B. Binding Affidavits of Support--Under current law, the 
affidavit of support signed by an immigrant sponsor as a 
condition of an immigrant's entry into the United States has no 
legal effect, and imposes no enforceable obligation on the part 
of the sponsor to support the immigrant once he enters the 
United States. Section 203 of the bill requires anyone 
sponsoring an immigrant after the bill's enactment to sign a 
new, legally enforceable document imposing on the sponsor a 
contractual obligation to support the immigrant until he works 
40 ``qualifying quarters'' or naturalizes. This obligation is 
enforceable by government agencies that have provided services 
to the immigrant, or by the immigrant himself, if she has been 
denied government benefits on the basis of the deeming rules 
contained in section 204.
    We support the committee's decision to give the affidavit 
of support binding effect. Doing so disciplines sponsors, 
protects immigrants, and safeguards taxpayers.12 We also 
support the committee's decision to pass an amendment offered 
by Senators Feinstein, Simon, and Kennedy to end the affidavit 
of support's effect--as well as the bill's deeming provisions--
at the moment the immigrant naturalizes. While this approach 
arguably creates the incentive to naturalize for the purpose of 
obtaining benefits, this is a cynical view of immigrants' 
behavior that is not consistent with the facts.13 More 
important, extending the affidavit of support and the deeming 
provisions to naturalized citizens creates serious 
constitutional problems, given the Supreme Court's holding that 
under the equal protection component of the fifth amendment, 
``the rights of citizenship of the native born and of the 
naturalized person are of the same dignity and coextensive.'' 
Schneider v. Rusk, 377 U.S. 163, 165 (1964). Conditioning the 
ability of naturalized citizens--but not native-born citizens--
to receive government assistance surely flies in the face of 
this holding, and creates a second-class citizenry.
---------------------------------------------------------------------------
    \12\ This proposal has the strong support of the Commission on 
Immigration Reform. See Commission on Immigration Reform, U.S. 
Immigration Policy: Restoring Credibility, September 1994, at 170.
    \13\ See ``Immigrant Citizens Reshape New York Politics'', New York 
Times, March 10, 1996, pp. 1, 28 (noting the ``Idealistic Fervor Of the 
New Citizen.'')
---------------------------------------------------------------------------
    However, we oppose the affidavit of support as found in 
section 203. First, this section imposes an indefinite 
obligation on the part of the sponsor to support an immigrant; 
while this obligation may terminate in 5 years (when the 
immigrant could naturalize) or in 10 years (after the immigrant 
has worked for 40 qualifying quarters), it could also extend 
indefinitely if neither of these events occur. Certainly, in 
the case of children, who may not naturalize until adulthood 
and who would not likely work 40 qualifying quarters until well 
over the age of majority, section 203 could impose an 
obligation on sponsors for 30-40 years. While there is merit to 
making sponsors primarily responsible for immigrants, 
designating a specific duration for the affidavit of support 
promotes certainty and fairness. The Commission on Immigration 
Reform, the Administration, and outside commentators have all 
endorsed this approach.14
---------------------------------------------------------------------------
    \14\ See February 14, 1996 Letter from Deputy Attorney General 
Jamie Gorelick to Chairman Hatch, p. 54; Commission Testimony at 5; and 
Fix, Zimmerman, ``When Should Immigrants Receive Public Benefits,'' The 
Urban Institute, Immigrant Policy Program, May 1995, at 15-16 
(proposing 5-year sponsorship period).
---------------------------------------------------------------------------
    In addition, section 203's requirement that sponsors 
demonstrate an annual income equal to 125 percent of the 
poverty line in order to bring in an immigrant is nothing less 
than a back-door way of reducing legal immigration, and 
threatens to turn our immigration system into the province of 
the well-to-do. Its impact on certain sectors of our population 
cannot be overstated; for example, requiring immigrant sponsors 
to demonstrate an income that is 125 percent of the poverty 
level would preclude approximately 40 percent of all Latinos 
and 18 percent of Asians from sponsoring an immigrant into the 
United States.15 Given the affidavit of support, public 
charge, and deeming provisions that are already in the bill, 
this requirement simply ``piles on,'' in a manner designed not 
to protect immigrants or taxpayers, but to deny outright family 
reunification, one of the cornerstones of our immigration 
policy.
---------------------------------------------------------------------------
    \15\ See March 1994 CPS.
---------------------------------------------------------------------------
    We will also offer amendments to section 203 to address 
these concerns.
    C. Deeming--In addition to the bill's public charge and 
sponsor responsibility provisions, section 204 of the bill 
requires that 100 percent of the immigrant sponsor's income be 
attributed to the immigrant in determining the immigrant's 
eligibility for any federal means-tested benefit--including 
those freely available to illegal immigrants--until the 
immigrant has worked 40 qualifying quarters or naturalized. 
Section 204 also provides that any immigrant already in the 
United States is subject to deeming requirements for the first 
5 years of his time here.
    It is these deeming provisions, above all, that cause us to 
oppose the bill. While we applaud the committee's decision not 
to expressly bar legal immigrants from any government programs, 
as did the Welfare Reform Conference Report, the bill's deeming 
provisions will have the similar effect of excluding legal 
individuals--who, it must be said again, pay taxes, serve in 
our military, and contribute in myriad ways to society--from 
virtually all means-tested government services for a minimum of 
5 years, and maybe longer. 16 Unlike the public charge 
provisions or the affidavit of support section, the deeming 
rules in the bill will deny many legal immigrants any 
government assistance, pure and simple.
---------------------------------------------------------------------------
    \16\ We note that H.R. 2202, the House Immigration bill, placed 
finite limits on many deeming requirements--e.g., spouses are subject 
to deeming for 7 years, or until naturalization, whichever comes first; 
and children are subject to deeming until they reach age 21 or 
naturalize, whichever comes first.
---------------------------------------------------------------------------
    The effects of the bill's deeming rules flow largely from 
the fact that they require the full income of the immigrant 
sponsor to be deemed to the immigrant for purposes of 
determining immigrant eligibility for assistance. Clearly, some 
of this income must go to the sponsor's--and his family's--own 
needs; thus, in reality, the sponsor will not have the full 
amount of his income to devote to the immigrant, and the income 
deemed to the immigrant for purposes of determining immigrant 
benefits eligibility will be in excess of that actually 
available to the immigrant. 17
---------------------------------------------------------------------------
    \17\ See March 12, 1996 Testimony of David A. Martin, General 
Counsel, Immigration and Naturalization Service, before the Senate 
Budget Committee, at 4, noting that ``[a]ttributing 100 percent of a 
sponsor's income and resources to the sponsored immigrant does not take 
into account the needs of the sponsor or the sponsor's family and is 
inconsistent with current practice in the major entitlement programs.''
---------------------------------------------------------------------------
    In the end, this approach denies government assistance to 
the immigrant though neither the immigrant or the sponsor can 
provide that assistance, and forces immigrant sponsors to 
internalize for an indefinite period costs that they simply 
cannot absorb. Under the bill, these include the costs of 
educational assistance, nutritional assistance for children, 
medical assistance, job training, housing assistance, energy 
assistance, pensions for veterans, and others. While increased 
sponsor and immigrant responsibility may be the laudable goal 
of proponents of these rules, the end result will be that poor 
immigrants with poor sponsors will not receive assistance that 
should be available as a matter of public health, or that will 
enable them to avoid welfare dependency in the future. This 
makes no sense as a matter of public policy.
    Consider the following hypothetical. An immigrant with an 
income under the poverty line seeks a student loan. The 
immigrant's spouse and sponsor, who was laid off after 
sponsoring her husband into the United States and who has three 
children with the immigrant, also has an income under the 
poverty line. With 100 percent of the sponsor's income 
attributed to the immigrant under the new rules, however, the 
immigrant is deemed to have an income that makes him ineligible 
for the loan. Because neither the immigrant nor the sponsor--
nor the two jointly--can pay the necessary tuition in light of 
their other responsibilities, the immigrant receives no 
assistance, and is denied the means to develop into a 
productive member of society.
    For another example, consider a legal immigrant, with three 
siblings, who is in need of emergency surgery, and whose 
parents and sponsors, while making enough money to render them 
ineligible under the deeming rules, simply cannot afford the 
substantial costs associated with the surgery, given their own 
needs and the needs of their other children. While the bill 
makes such services available to illegal immigrants, on the 
grounds that denial of such services would be incompatible with 
the public health, the new deeming rules would serve to deny 
the legal immigrant such assistance.
    Such situations could become all too common under section 
204, and demand some flexibility in the deeming rules that bill 
simply does not provide. We intend to offer amendments to this 
section on the floor in an effort to add some balance and 
common sense to this section.
    D. Illegal Immigrants--Section 201 of the bill provides 
that ``ineligible'' aliens--defined to include illegal 
immigrants as well as a variety of immigrants with legal 
status--while ineligible for the vast majority of benefits, are 
eligible for certain types of assistance, on the grounds that 
universal access to such services is essential in order to 
preserve the public health and safety. One such program--
prenatal services for undocumented mothers--was added to this 
list by the Committee pursuant to an amendment offered by 
Senator Kennedy. The children of these mothers are American 
citizens at birth and should be assured a healthy start on life 
like any other American child. We applaud the Committee's 
recognition that certain programs should be universally 
available, and wish that the same understanding had resulted in 
making these services available to legal immigrants as well.
    One issue the Committee wisely did not address in this area 
was public education for undocumented aliens. The Supreme Court 
in Plyler v. Doe, 457 U.S. 202 (1982), held that States could 
not deny illegal immigrant children a free public education. 
While this holding was premised in part on the federal 
government's plenary power over immigration and on equal 
protection principles, the Court also relied heavily on the 
policy implications of such a denial, noting ``the significant 
social costs borne by our Nation when select groups are denied 
the means to absorb the values and skills upon which our social 
order rests.'' 457 U.S. at 221. Even Chief Justice Burger, 
while dissenting from the Court's constitutional holding, 
remarked that:

          Were it [the Court's] business to set the Nation's 
        social policy, I would agree without hesitation that it 
        is senseless for an enlightened society to deprive any 
        children--including illegal aliens--of an elementary 
        education. I would agree that it would be folly--and 
        wrong--to tolerate creation of a segment of society 
        made up of illiterate persons, many having a limited or 
        no command of our language.

457 U.S. at 242 (Burger, C.J., dissenting).
    While it may not be the Court's business to set national 
policy in this area, it certainly is Congress' business to do 
so, and any effort to deprive children--any children--of public 
elementary and secondary education would be, in Chief Justice 
Burger's words, ``foolish.'' The House immigration bill 
provides States with the option of depriving illegal alien 
children of a public education, and we urge our colleagues to 
combat any effort in the Senate to do the same.

  II. More Bad News: The Danger of Increased Employment Discrimination

    In addition to denying legal immigrants an adequate safety 
net, the bill also adds onerous new proof requirements which 
will make it impossible for American citizens and legal 
immigrants who are victims of discrimination to obtain redress. 
There is widespread agreement that the employer sanctions 
provisions of the 1986 act resulted in discrimination against 
foreign looking and foreign sounding job applicants. A 1989 GAO 
Report, a 1990 Bush Administration Task Force on IRCA related 
discrimination, as well as recent reports from the Justice 
Department's Office of the Special Counsel for Immigration-
Related Unfair Employment Practices have all documented this 
pervasive problem.
    In response, Congress in 1990 enacted a provision which 
created a balance between the legitimate needs of employers to 
verify eligibility of prospective employees, and the rights of 
foreign looking and foreign sounding American citizens and 
legal immigrants to be free from discrimination. Under current 
law, there is a list of government approved documents that are 
clearly displayed on the back of the employment verification 
form. Once an applicant produces a document from this list, and 
the document appears authentic, the employer is off the hook, 
plain and simple, and cannot be sued for employer sanctions 
violations.
    Once the applicant or employee produces this document, and 
it appears authentic, it is illegal under current law for the 
employer to request additional or different documents from the 
person. The purpose of this provision is to prevent employers 
from harassing foreign looking and foreign sounding American 
citizens and legal immigrants by requesting additional or 
different documents as a condition of employment.
    Unfortunately, employers have continued to discriminate 
against foreign looking and foreign sounding people. For 
example, the Justice Department has pursued a number of cases 
against employers who have refused to hire applicants of Puerto 
Rican descent unless they produced a green card. A naturalized 
citizen of Middle Eastern descent who spoke with an accent was 
fired for not complying with his employer's demand that he 
produce a green card. When he explained that he was a United 
States citizen, and produced a driver's license, social 
security card and voter registration card, the employer refused 
to accept them.
    The motives of those who discriminate against foreign-
looking or foreign-sounding job applicants are often mixed. 
Many claim that they do so purely out of a fear of employer 
sanctions, and not because they intend to treat certain 
Americans different from others. Whether these accounts are 
true, the bottom line is that it is virtually impossible to 
separate out the proper and improper motivations behind 
employers' discriminatory action. The bill ignores this reality 
and adds language in section 117 that would require a person 
filing a discrimination claim to demonstrate that the employer 
intended to discriminate on the basis of national origin or 
citizenship. This provision would impose a burden that is 
impossible to meet, and would exacerbate the already serious 
problem of discrimination. Under this provision, for example, 
employers who demand green cards from Puerto Ricans or 
naturalized Americans can escape liability for their actions.
    There is also widespread agreement that the problems of 
discrimination are a function of employer concerns about the 
widespread availability of fraudulent documents. The bill 
addresses this problem in a number of constructive ways. For 
example, section 116 reduces the number of acceptable documents 
for establishing employment eligibility from 29 to six, and 
there are other provisions to prevent the production of 
fraudulent documents. It is unwise to attack discrimination by 
giving employers license to discriminate further.
    It is important to keep in mind whom the victims are. They 
are American citizens and legal immigrants--law abiding people 
who have been playing by the rules and are simply attempting to 
make ends meet. In an era when we are attempting to promote 
economic self-sufficiency, it is unwise to erect new barriers 
to self-sufficiency.

    III. Even More Bad News: Abandoning Our Tradition of Asylum for 
                           Political Refugees

    In addition to its other flaws, the bill imposes 
unnecessary and harmful new bars to an individual's ability to 
seek political asylum in the United States, and is contrary to 
our most cherished traditions of providing safe haven to those 
fleeing persecution.
    Under current law, an individual claiming asylum may prove 
his entitlement to this status before an immigration judge. 
This bill instead requires individuals seeking to enter the 
United States with false documents to establish a ``credible 
fear of persecution'' before an asylum officer--in reality, a 
low-level bureaucrat--before being eligible to apply for 
asylum. In addition, before even being eligible to apply for 
asylum, the person claiming asylum must prove that he used the 
false documents to flee directly from a country where, if 
returned, a significant danger of persecution remains. Failure 
to meet these tests results in the exclusion of the individual 
from the United States, and in many instances in his return to 
the country of persecution.
    These new provisions are both unreasonable and unnecessary.
    First, the notion that a person fleeing persecution with 
the aid of false documents should be subjected to a barrage of 
new procedural requirements before being able even to apply for 
that status ignores the fact that those fleeing from 
persecution often need false documents to escape the country 
that persecutes them. Indeed, America has consistently honored 
the memory of Raoul Wallenberg, who saved countless lives 
during the Holocaust by issuing unofficial travel documents to 
individuals fleeing persecution. Under this bill, each of the 
people helped by Wallenberg would, at the moment of entry into 
the United States, after a long journey from persecution, 
without counsel or other assistance, before a non-judicial or 
quasi-judicial official, have to demonstrate that she (1) had a 
``credible fear of persecution'' that caused her to leave; (2) 
took a direct route to the United States in escaping 
persecution; \18\ (3) used her false documents to get away; and 
(4), if she were sent back, would face a ``significant'' danger 
of further persecution. This approach represents a 180-degree 
turn from our past.
---------------------------------------------------------------------------
    \18\ This ``direct departure'' requirement is particularly 
problematic given that a number of countries--including many in Asia or 
Africa--do not have direct carrier routes to the United States, and 
that a person seeking asylum in the United States may first have to 
stop off in a country that does not have asylum laws or is equally 
hostile to the escapee as his native country.
---------------------------------------------------------------------------
    The bill's draconian approach to asylum seekers is also 
unnecessary, and is a vestige of a time when the Immigration 
and Naturalization Service was struggling to assert control 
over a system run rampant. Less than two years ago, an 
individual could arrive in the United States without proper 
documentation, claim asylum, receive work authorization, 
disappear into the interior, and avoid ever having the asylum 
claim adjudicated. Needless to say, the rules in place at this 
time encouraged and resulted in fraudulent applications, and 
drove calls for the kind of measures included in this bill.
    To its great credit, however, INS published regulations in 
March 1995 that altered the asylum landscape. These regulations 
denied work authorization to individuals claiming asylum, and 
placed all asylum cases on a fast-track review that enables a 
newly-expanded corps of immigration judges to adjudicate 
virtually all claims within 180 days. With the elimination of 
automatic work authorization and the guarantee of an 
expeditious determination of asylum has come a 57 percent 
reduction in asylum claims over the past year. Clearly, our 
asylum system today creates little inducement for fraudulent 
claims. In approving the asylum provisions in this bill, 
however, the Committee has ignored recent developments and 
taken steps that are wholly obsolete today.
    The Department of Justice has not asked for these new 
asylum provisions, and in fact opposes them on the grounds that 
``absent smuggling or an extraordinary migration situation, 
[it] can handle asylum applications for excludable aliens under 
our regular procedures.'' \19\ Moreover, the United Nations 
High Commissioner for Refugees (UNHCR) has expressed serious 
concerns that the new provisions also are inconsistent with 
U.S. obligations under international law since the bill lacks 
the minimal procedural safeguards to prevent the mistaken 
return of a genuine refugee to certain persecution. In short, 
UNHCR ``fear[s] that many bona fide refugees will be returned 
to countries where their lives or freedom will be threatened'' 
if the new bars to asylum become law. \20\ It is UNHCR's 
further concern that any action taken by the United States--
long a leader in providing relief to victims of persecution--to 
restrict asylum will be taken as a signal by other countries 
seeking to do the same. The Committee has failed to consider 
this important ripple effect of its action.
---------------------------------------------------------------------------
    \19\ See February 14, 1996 Letter from Deputy Attorney General 
Jamie Gorelick to Chairman Hatch, p. 46.
    \20\ Letter from Anne Willem Bijleveld, Representative of UNHCR, to 
Chairman Hatch, March 6, 1996, at 1.
---------------------------------------------------------------------------
    In conclusion, we note that, in addition to the bars on 
people who travel without valid documents, the bill restricts 
the ability to obtain asylum in a number of other ways. For 
example:
         Section 141 precludes a person from applying 
        for asylum--and renders him excludable from the United 
        States--if he cannot prove a ``credible fear of 
        persecution,'' and (1) has lived in the United States 
        for less than 2 years without ever being formally 
        ``admitted'' into the United States; (2) has been 
        interdicted at sea; or (3) has fled to the United 
        States as a result of an ``extraordinary migration 
        situation.''
         Section 142 broadly restricts judicial review 
        of exclusion orders based on the individual's ability 
        to demonstrate a credible fear of persecution or any of 
        the other criteria required of an asylee, thereby 
        eliminating most judicial oversight over the process 
        and denying the federal judiciary its historic function 
        of reviewing the implementation and execution of 
        immigration laws.
As the Administration notes, these and the other provisions of 
the bill relating to asylum are simply not consistent ``with a 
fair and humanitarian immigration policy.'' \21\
---------------------------------------------------------------------------
    \21\ See February 14, 1996 Letter from Deputy Attorney General 
Jamie Gorelick to Chairman Hatch, p. 22.
---------------------------------------------------------------------------

IV: Good News: Cracking Down on Alien Smuggling, Sweatshops, and Other 
                             Criminal Acts

    While we have focused thus far on the flaws in this bill--
flaws which were considerable enough to cause us to oppose it--
there is much in the legislation to recommend it as well. In 
particular, we are gratified that the bill undertakes long-
needed reform of the criminal enforcement scheme for 
immigration-related crimes.
    There is unanimous agreement that under current law, the 
penalties for all types of immigration offenses--alien 
smuggling, document fraud, and sweatshop offenses--are simply 
too weak, and do not adequately deter or punish these offenses. 
As a result, the bill establishes a tough, carefully calibrated 
sentencing scheme for these offenses. This system establishes 
tougher sentences, ensures longer sentences for the most 
violent or flagrant offenders, provides additional sentencing 
enhancements for repeat offenders, and provides limited but 
much needed flexibility for prosecutors and courts in certain 
cases to effectively perform their jobs of dispensing justice.
    The sentencing structure established in this bill is the 
product of careful consultation with various experts--career 
prosecutors at the Department of Justice and United States 
Attorney's offices nationwide, Republicans and Democrats alike, 
people who are in the trenches every day prosecuting alien 
smugglers, sweatshop operators and manufacturers of false 
passports, and sentencing experts at the non-partisan 
Sentencing Commission. As a result of the bipartisan 
involvement of various groups, these criminal provisions were 
adopted by unanimous consent of the committee.
    In the alien smuggling context, the bill, in addition to 
raising the statutory penalties substantially, provides a 
series of specific directives to the Sentencing Commission that 
will ensure that the defendant in the typical alien smuggling 
case receives a sentence that is at least 3-4 times longer than 
the current sentence. In addition, there are provisions which 
guarantee that alien smugglers who use a firearm or otherwise 
injure or endanger the lives of others, as well as those who 
are repeat offenders, receive substantial additional sentencing 
enhancements. There are also provisions that ensure that the 
smuggler who transports 100 undocumented people across the 
country for profit is treated substantially differently--and 
much harsher--than the person who smuggles his mother or father 
into the country to unify his family.
    Alien smuggling and involuntary servitude frequently go 
hand in hand, as aliens are smuggled into the country and then 
put to work in sweatshop conditions at slave wages in order to 
pay off the massive debt. This exploitation of aliens by 
unscrupulous sweatshop operators is on the rise, as tragic 
cases have documented in New York City and Los Angeles. The 
bill recognizes this sad reality, and doubles the statutory 
penalties for sweatshop operators. The bill also provides 
directives to the Sentencing Commission that will ensure that 
the most egregious offenders receive the stiffest sentences.
    The bill establishes a sentencing structure in document 
fraud offenses which is similar to alien smuggling offenses. In 
addition to raising the statutory maximum penalties 
substantially, the bill contains specific provisions that 
guarantee that the most serious and repeat offenders receive 
the largest sentencing enhancements and the longest sentences. 
Moreover, the sentences for document fraud violations were 
already raised substantially in 1995. When combined with the 
additional enhancements of this bill, the net result is that 
prosecutors will now have tough, effective tools in their 
battle against document fraud.

Criminal alien tracking center

    Another way that criminal matters can receive greater 
attention in immigration law enforcement is the Criminal Alien 
Tracking Center (Law Enforcement Support Center) established by 
the INS Commissioner under the authority of section 
242(a)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 
1252(a)(3)(A)) to assist Federal, State and local law 
enforcement agencies in identifying and locating aliens 
arrested or convicted of serious criminal offenses. We 
encourage the center, located in South Burlington, VT, to 
continue a close and cooperative working relationship with 
Federal, State and local law enforcement agencies in 
identifying and locating aliens who may be subject to 
deportation by reason of their criminal records.
    To improve the coordination of tracking criminal aliens, we 
recommend that the Center be designated as the national 
repository for all INS fingerprint records relating to criminal 
aliens. Information from the fingerprints would be most 
accessible if the center stored this information in an AFIS/
IDENT database with a link to FBI databases. The Center should 
also serve as the repository for INS ``A-files'' (the INS alien 
registration number assigned to cases) relating to aggravated 
felons and aliens listed in the NCIC Deported Felon File. 
Locating these files at the Tracking Center will improve their 
accessibility to INS agents and U.S. Attorney offices 
throughout the United States.

                                   Paul Simon.
                                   Ted Kennedy.
                                   Patrick Leahy.
           XIII. MINORITY VIEWS OF SENATORS KENNEDY AND SIMON

    While the minority views joined by ourselves and Senator 
Leahy reflect most of our positions on this bill, we also write 
separately to express our position on an issue that has divided 
both supporters and opponents of this legislation: the issue of 
verification of employment eligibility. The majority report 
fails to emphasize adequately the importance of developing a 
reliable means in the future for determining who is and is not 
eligible to work in the United States.
    We strongly believe that notwithstanding claims that many 
immigrants come to the United States illegally in order to 
receive government assistance, the main incentive for illegal 
immigrants is jobs, pure and simple.
    Over the past 15 years, Congress created two blue-ribbon 
commissions to provide recommendations for controlling illegal 
immigration. In both instances--with the Select Commission on 
Immigration and Refugee Policy in 1981 (chaired by Father Ted 
Hesburgh) and the current Commission on Immigration Reform 
(chaired by the late Representative Barbara Jordan)--the 
Commissions concluded that the United States must eliminate the 
job magnet for illegal immigrants by making it illegal for 
employers to hire them.
    In 1986, Congress took this step in the Immigration Reform 
and Control Act of 1986. For the first time in our history, it 
was made illegal for an employer knowingly to hire illegal 
immigrants, and employer sanctions were established to penalize 
those employers who violated this new law.
    The Immigration Reform and Control Act of 1986 also 
provided protections against employment discrimination in 
response to concerns that employers would respond to employer 
sanctions by engaging in discriminatory employment practices. 
According to the U.S. General Accounting Office and several 
other independent studies, discriminatory practices resulting 
from employer sanctions include: employers avoiding job 
applicants whose surnames, appearance, or speech accents 
suggest that they might be immigrants; employers selectively 
checking the documents only of ``foreign looking'' employees or 
job applicants; employers establishing ``U.S. citizens only'' 
policies, thereby discriminating against legal residents; and 
employers requiring that employees present specific documents, 
such as requiring that any Latino or Asian employee present a 
``green card'' or other INS document.
    The 1986 act required employers to check the documents of 
all persons hired after its enactment in order to verify their 
eligibility. In response to the Act's requirements, the 
Immigration and Naturalization Service established a list of 29 
different documents which employers were required to accept 
from job applicants to prove their identity and eligibility to 
work in the United States. This list was included as part of a 
new form--the ``I-9''--which every employer is required to 
complete for each new hire. As long as the new hire produces 
the required document or documents listed on the I-9, and each 
document provided ``reasonably appears on its face to be 
genuine,'' the employer is absolved of any liability if the 
individual turns out to be an unauthorized worker. 22
---------------------------------------------------------------------------
    \22\ See section 274A(b)(1) of the Immigration and Nationality Act 
(8 U.S.C. 1324a).
---------------------------------------------------------------------------

                      the problem: document fraud

    While there was a decline in levels of illegal immigration 
immediately after passage of the 1986 reforms, illegal 
immigration is on the rise once again. It is far too easy for 
illegal immigrants to get jobs illegally by providing employers 
with false documents.
    The Jordan Commission observed that ``reducing the 
employment magnet is the linchpin of a comprehensive strategy 
to reduce illegal immigration.'' The Commission went on to 
state:

          The ineffectiveness of employer sanctions, prevalence 
        of fraudulent documents, and continued high numbers of 
        unauthorized workers, combined with confusion for 
        employers and reported discrimination against 
        employees, have challenged the credibility of current 
        worksite enforcement efforts. 23
---------------------------------------------------------------------------
    \23\ Commission on Immigration Reform, U.S. Immigration Policy: 
Restoring Credibility, September 1994, p. xii.

    While the illegal immigrant population is still lower today 
than it was before passage of immigration reforms in 1986, the 
population is growing once again. INS estimates that in 1992, 
there were 3.3 million illegal immigrants in the country 
compared with 4.7 million when the Immigration Reform and 
Control Act was enacted in 1986. The illegal immigrant 
population had dropped to just over 2 million following passage 
of the 1986 Act due in large part to the legalization of 
hundreds of thousands of formerly undocumented immigrants. 
While over one million illegal immigrants are estimated to 
enter the United States each year, an estimated 300,000 end up 
remaining permanently as illegal immigrants, according to INS. 
24
---------------------------------------------------------------------------
    \24\ Robert Warren, Estimates of the Unauthorized Immigrant 
Population Residing in the United States, By Country of Origin and 
State of Residence: October 1992, Immigration and Naturalization 
Service, April 29, 1994.
---------------------------------------------------------------------------

       The Response: Pilot Programs under Congressional Scrutiny

    The Committee agreed that something must be done to help 
employers determine reliably who can and cannot work in the 
United States. The committee voted 11 to 5 in favor of a 
Kennedy-Simpson amendment (sections 111 through 113) to require 
the Justice Department to conduct ``several'' pilot programs 
over the next three years to test new and better ways of 
verifying employment eligibility. The amendment set clear 
standards for these pilot programs related to privacy, minimal 
impact on business, prevention of discrimination, accuracy and 
other criteria. Because of concerns that the pilot programs 
could become so large as to be tantamount to implementing a 
national program, the Kennedy-Simpson amendment required the 
pilots to be tested only locally or regionally.
    As a key safeguard, an important element of the Kennedy-
Simpson amendment was that the President would be required to 
seek congressional approval before implementing any new or 
permanent approach beyond the authorized 3-year pilot programs.
    It was also our intention, as supporters of the amendment, 
that any new approach that is developed be accurate and 
reliable. We intend that it reliably verify employment 
authorization within five business days in 99 percent of all 
inquiries. It must also provide an accessible and reliable 
process for authorized workers to examine the contents of their 
records and correct errors within ten business days.
    Any new approach also must contain safeguards against 
unlawful discrimination. These include, for example, advising 
all employees that they are being verified by computer and 
providing a list of resources available to them in the event 
that discrimination occurs; and monitoring employer behaviors 
(for informational purposes, and not for enforcement) in a 
manner which provides policy-makers and others with information 
about how the system will be used.
    In short, while we opposed the bill's initial proposal 
giving the President blanket authority in eight years to 
implement a nationwide verification system, we believe that 
pilot programs, measured against a series of strict criteria 
and subject to Congressional review prior to implementation of 
a nationwide system, provides the proper balance between 
elimination of the jobs magnet, on one hand, and protection of 
the values we as Americans all share, on the other.

                                   Paul Simon.
                                   Ted Kennedy.
                  XIV. MINORITY VIEWS OF SENATOR LEAHY

    This bill was improved by amendment during the Judiciary 
Committee's deliberations, but much still needs to be done. I 
join in the minority views and add these additional comments.

                              border fees

    I am delighted that the committee voted overwhelmingly to 
strike border crossing fees from this bill. I worked closely 
with Senators Kyl and Abraham on this issue and commend them on 
their efforts.
    Border crossing fees are a bad idea. They are bad for 
residents of border States, for visitors to border States and 
bad for business.
    They are not a ``user'' fee. Instead, they would burden 
residents, tourists, business and commerce in certain States in 
order to benefit the rest of the country. That is the wrong 
approach to our national immigration problem. The cost of these 
efforts ought to be born by the nation as a whole and not fall 
disproportionately on border States.
    As I explained during our committee debate, calling border 
crossing fees ``user'' fees is like saying that the driver 
whose vehicle speed was tested by radar and found to be in 
accordance with the speed limit ought to pay the State Police a 
$1 fee for the ``use'' of the radar gun.
    The problem of illegal immigration along our Nation's 
southern border has led to significantly increased enforcement 
and inspection efforts over the past 3 years. If we need more 
inspection services and more border patrol agents, let us 
authorize and pay for them as a nation. The Violent Crime 
Control and Law Enforcement Act of 1994 added extraordinary 
resources to this effort. This bill augments them further.
    If a State tried to impose a border crossing fee, it would 
likely be declared unconstitutional as an unreasonable burden 
on interstate commerce and an infringement on the right to 
travel. Similarly, we in the Federal Government should not 
venture down this road. If the proposal were to impose border 
crossing fees between States to pay for INS and other 
obligations of the Federal Government, there would be a 
national uproar.
    Border crossing fees should be understood to be equally 
offensive when limited to States with international borders.
    None of us should want to impose this burden on the 
economy. Legal visitors from Canada and Mexico spend nearly $10 
billion a year in the United States. If we tax these visits, 
there will be fewer dollars spent in the U.S. and might be 
fewer visits. There will be further delay and congestion at the 
borders and travel to the United States will be made more 
difficult.
    Vermont businesses warn me that a border crossing fee could 
cut off a portion of the $120 million a year spent in the Green 
Mountain State by Canadian visitors. Vermont ships $2.4 billion 
in goods and services to Canada annually, which accounts for 75 
percent of the State's exports. There is no reason to think 
that Canada would tolerate our imposition of border crossing 
fees without responding by imposing its own fees. It makes 
little sense to have worked so hard to remove trade barriers 
only to reinvent them as border fees.
    I hope that the action by the Judiciary Committee on this 
ill-conceived idea will put an end, once and for all, to the 
notion of border crossing fees as a way to finance INS 
activities.

                     criminal alien tracking center

    I commend my colleagues for their recognition of the 
contribution that is being made to immigration law enforcement 
by the Law Enforcement Support Center in South Burlington, 
Vermont (``LESC'). This is among the most significant 
capacities being developed to assist Federal, State and local 
law enforcement to deal more effectively with criminal aliens. 
Improving the identification and expediting the deportation of 
criminal aliens responsible for violent crimes are goals on 
which there is universal agreement.
    The Violent Crime Control and Law Enforcement Act of 1994 
authorized the Law Enforcement Support Center. Last September, 
I had a colloquy on the Senate floor with the Senate 
Appropriations Subcommittee Chairman clarifying that the 
Senate-passed appropriations bill allowed the LESC to continue 
to receive its authorized funding.
    This is the only on-line national database available to 
identify criminal aliens. It is a valuable and essential asset 
for improving our national immigration enforcement effort. The 
LESC provides local, State and Federal law enforcement agencies 
with 24-hour access to data on criminal aliens. By assisting in 
the identification of these aliens, the LESC allows law 
enforcement agencies to expedite deportation proceedings 
against them.
    In its first year of operation, the LESC identified over 
10,000 criminal aliens as aggravated felons. After starting up 
with a link to law enforcement agencies in one county in 
Arizona, the LESC expanded its coverage to that entire state. 
The LESC is expected to be on-line with California, Florida, 
Illinois, Iowa, Massachusetts, New Jersey, Texas and 
Washington, as well as Arizona this year.
    The Law Enforcement Support Center deserves our full 
support.

            national employment identification verification

    I remain concerned that the national employment 
verification system included in the bill, while improved, still 
extends too far, is too invasive and contains too few privacy 
protections. Senator Kennedy is to be commended for the effort 
he is making in this regard and for the progress being 
achieved. The Kennedy-Simpson amendment is an improvement over 
the provisions included in the bill presented to the Committee. 
I hope that we can do better.
    None of us want to see a national ID card. None of us want 
the Federal Government imposing costly burdens on our State and 
local authorities without providing the funding and other 
assistance necessary to comply with the federal mandate. None 
of us want the Government creating vast data banks that are not 
secure. We need to be sure that protections at least as strong 
as those contained in the Privacy Act apply to records on 
individuals held by the Government. I want to be sure that 
violations of privacy and misuse of personal information are 
effectively deterred and that any violations of privacy rights 
that might occur are detected and remedied.

                           public assistance

    As indicated in the minority views, I am not satisfied with 
the bill's provisions regarding public assistance. For example, 
the attribution of a sponsor's resources to legal immigrants 
for purposes of nutrition, education and health programs will 
yield results too harsh and short-sighted to be acceptable. 
Senators Kennedy and Simon have made a number of suggestions to 
improve these provisions in which I join.
    The WIC program, for example, ought to be available to 
children. For every dollar spent on WIC, three dollars are 
saved in future medical costs. Regardless of citizenship status 
of their mothers, children born in this country will be 
American citizens. Further, school budgets and school 
administrators are already stretched to the limit without 
imposing upon them the administrative burden of additional 
paperwork to ascertain immigrant status of tens of millions of 
school children before they can participate in child nutrition 
programs. Sponsor ``deeming'' may be sensible with 
bureaucracies able to handle the added complexity, but these 
additional requirements have no place in nutrition programs.
    While the bill would correctly allow nutrition program 
benefits to be received by the children of illegal immigrants, 
it would deny them through ``deeming'' to the children of legal 
immigrants. Even the previous Senate-passed welfare bill and 
the welfare conference report exempted child nutrition and WIC 
from their onerous ``deeming'' provisions. Let us not punish 
immigrants' children and create a class of undernourished and 
poorly nourished infants and children.
    In addition, I remain concerned with the provisions of the 
bill that would create a rigid rule on so-called ``public 
charges.'' The bill provides no mechanism by which an immigrant 
could ever terminate the status of public charge. The bill 
would penalize legal immigrants who are not wealthy and begin 
their lives in this country as members of the working poor. It 
is too quick to label people as public charges for utilizing 
the same public assistance that many Americans need to get on 
their feet. The bill treats each situation as static, 
irretrievable and irredeemable.
    Unlike the bill, I believe that people can work hard and 
become contributing citizens. Under the bill, even if an 
immigrant becomes successful, pays taxes, invents something, or 
starts a company that employs hundreds of other Americans and 
becomes a shining realization of the American Dream, there is 
no way to terminate the status of public charge.
    Because people can succeed--even people who may need a 
little help at some time or another due to illness, or the need 
for additional education--I believe that our law ought to 
encourage and recognize that possibility. Thus, I suggest that 
the law provide that people who achieve self-sufficiency no 
longer be labeled public charges.
    In addition, I am disturbed that the definition of public 
charge goes too far in including a vast array of programs none 
of us think of as welfare. I understand the desire to prevent 
immigrants from coming to this country in order to become 
perpetual welfare recipients. I do not believe that is why 
people do come and struggle and work to make a better life for 
their families, but I recognize that this perception exists. If 
we want to make the acceptance of cash payment over an extended 
period of time under SSI, AFDC or State general assistance 
programs--what most people mean when they refer to welfare--a 
basis for imposing the remedy of deportation, let the Congress 
carefully construct such provisions, not the overreaching bill 
approved by the Committee.
    The bill would affect the working poor who are striving 
against difficult odds to become self-sufficient. The bill 
includes the receipt of medical services and nutritional 
programs as bases for disqualification. It includes a catch-all 
for programs that are means tested but which the bill has not 
identified. Do the supporters of this bill really mean to 
include Headstart, child care, student loans, Stafford loans, 
Pell grants, and job training as public assistance that can 
accumulate to label immigrants public charges? Do they mean to 
include federally subsidized programs as well as those 
administered by the Federal Government? Do they mean to include 
tax credits for the working poor? The bill is unnecessarily 
uncertain and will yield harsh and idiosyncratic results that 
no one should intend. It needs to be fixed before it deserves 
our support.

                                 Asylum

    We also need to reconsider the restrictions on applications 
for political asylum proposed in this bill. During the 
committee's deliberations I offered an amendment to strike 
provisions that would alter our asylum process, but failed on a 
tie vote.
    The bill is extreme and fails to reflect the unfortunate 
reality of oppression in other parts of the world. The bill 
goes too far and sends the signal that ``direct'' travel to the 
United States is an essential element for an asylum claim. To 
require a refugee to travel directly from his or her country to 
ours in order to be allowed even to apply for asylum ignores 
the reality that many refugees must escape to a neighboring 
country before they can travel to American.
    There is the recent example of Fidel Castro's daughter, who 
defected with a phony passport and disguised as a Spanish 
tourist to arrive here after traveling through Spain. For every 
well-known refugee, there are tens of less famous but deserving 
refugees from oppressive regimes.
    Raoul Wallenberg received international recognition for 
rescuing tens of thousands from Nazi persecution by issuing 
Swedish identity papers and arranging transport to Sweden. 
Oskar Schindler saved many lives by securing false documents 
and identities. As many as 10,000 Jews fled the Holocaust 
through Asia with the noble assistance of Chiune Sugihara, a 
Japanese diplomat who disobeyed his government and issued them 
visas. Do we really mean to prohibit the claims of those who, 
like the beneficiaries of the courageous work of Oskar 
Schindler, Raoul Wallenberg and Chiune Sugihara during World 
War II, needed false documents to survive? I hope not.
    I am confident that consideration of asylum claims can take 
false documents into account without making them a barrier to 
full review. The asylum provisions in the bill would place 
undue burdens on unsophisticated refugees who are truly in need 
of sanctuary but may not be able to explain their situation to 
an overworked asylum officer.
    The bill would establish summary exclusion procedures and 
invest low-level immigration officers with unprecedented 
authority to deport refugees without allowing them a fair 
opportunity to establish a valid claim to asylum. Even before 
being permitted to apply for asylum, refugees who flee 
persecution without valid documents, would be met with a series 
of procedural hurdles virtually impossible to understand or 
overcome.
    This is a radical departure from current procedures that 
afford an asylum hearing before an immigration judge during 
which an applicant may be represented by counsel, may cross-
examine and present witnesses, and after which review is 
available by the Board of Immigration Appeals. Such hearings 
have been vitally important to refugees who may face torture, 
imprisonment or death as a result of an initial, erroneous 
decision by an INS official.
    Indeed, human rights organizations have documented a number 
of cases of people who were ultimately granted political asylum 
by immigration judges after the INS denied their release from 
INS detention for not meeting a ``credible fear'' standard. 
Under the summary screening proposed in the bill, these 
refugees would have been sent back to their persecutors without 
any opportunity for a hearing.
    Under international law, an individual may be denied an 
opportunity to prove an asylum claim only if the claim is 
``manifestly unfounded.'' This bill would establish a summary 
screening mechanism that utilizes a ``credible fear'' standard 
without meaning or precedent in international law. These 
summary exclusion provisions have been criticized by 
international human rights organizations and the United Nations 
High Commissioner for Refugees.
    Furthermore, the proposed legislation would deny the 
Federal courts their historic role in overseeing the 
implementation of our immigration laws and review of individual 
administrative decisions. The bill would allow no judicial 
review whether a person is actually excludable and would create 
unjustified exceptions to rulemaking procedural protections 
under the Administrative Procedure Act. These proposals thereby 
portent a fundamental change in the role of our coordinate 
branches of Government and a dangerous precedent.
    Besides being fundamentally unfair to a traumatized and 
fatigued refugee, who would be allowed no assistance and no 
interpreter, the proposed summary screening process would 
impose a burdensome and costly diversion of INS resources. In 
1995 for example, only 3,287 asylum seekers arrived without 
valid documents--hardly the tens of thousands purported to 
justify these changes. The bill would require that a phalanx of 
specially-trained asylum officers be created and posted at 
airports, sea ports and other ports of entry across the country 
to be available to conduct summary screenings at the border. 
There is simply no need to divert these resources in this way 
when the asylum process has already been brought under control.
    In fact, the President reformed the asylum process in 1994. 
Since then, annual applications have greatly decreased, from 
approximately 125,000 a year to 54,000 and they are being 
processed in a timely fashion. Only approximately 20 percent 
are being granted. There are no exigent circumstances that 
require this nation to turn its back on its traditional role as 
a refuge from oppression and to resort to summary exclusion 
processes. Neither the Department of Justice nor the INS 
support these provisions or believe them necessary.

                                   Patrick Leahy.
                 XV. MINORITY VIEWS OF SENATOR FEINGOLD

    The bill reported by the Senate Judiciary Committee made 
substantial improvements over the measure originally brought 
before the Committee. Nevertheless, it contains some 
fundamental flaws that compelled me to cast my vote against 
this legislation.
    First and foremost, however, I want to note the importance 
of a key decision of the Judiciary Committee to adopt by a 12-
to-6 vote the bipartisan motion offered by Senators Abraham, 
Simon, DeWine, Specter and myself to split the proposed 
immigration reform legislation into two separate measures, one 
dealing with questions relating to legal immigration and the 
other dealing with illegal immigration. The House of 
Representatives took similar action when it voted 238 to 183 to 
strike provisions relating to legal immigration from its 
immigration reform legislation.
    As originally presented to the Judiciary Committee, legal 
and illegal immigration reform proposals were treated as if 
they dealt with the same problems. That is simply not true.
    Much of the historical growth and development of our great 
Nation can be attributed to immigration policies which have 
allowed individuals from many backgrounds to come to America, 
to seek to build better futures for themselves and their 
families. This melting pot of cultures, traditions and 
backgrounds has contributed to the strength of our nation and 
it has long represented a source of great pride for Americans. 
I oppose efforts to close these doors to legal immigrants.
    At the same time, however, illegal immigration is a serious 
problem and a paramount issue in some areas of the country. 
Congress has the responsibility to strengthen our border 
security and augment other efforts to prevent undocumented 
persons from unlawfully entering our country or remaining 
without legal authority.
    There was broad agreement within the Judiciary Committee 
about the need to increase border enforcement efforts and to 
impose swift and strong penalties against those who attempt to 
enter the United States by unlawful means. S. 269 authorizes 
the hiring over 4,500 new Border Patrol agents over the course 
of the next five years. This massive increase in personnel will 
nearly double the existing number of Border Patrol agents under 
the jurisdiction of the INS. I was therefore pleased that an 
amendment I offered was adopted by the committee which provides 
that these new personnel will be hired and trained pursuant to 
appropriate standards of law enforcement. The men and women 
hired to fill these positions should receive appropriate 
training to confront the enormous challenges of controlling 
this nation's borders. My amendment was drafted with the 
cooperation of the Department of Justice and INS, and will help 
ensure a professionally trained expansion of the Border Patrol.
    In addition to increasing the strength of the Border 
Patrol, S. 269 provides additional enforcement tools to the 
Department of Labor and the U.S. Customs Service to assist in 
the efforts of these agencies in stemming the tide of illegal 
immigration. In regard to criminal sanctions, S. 269 contains 
language, offered by Senator Kennedy, to enhance the penalties 
for virtually all forms of alien smuggling and document fraud 
as well as related offenses. Additionally, the language 
provides stiff penalties for those individuals who operate 
sweatshops which force people, many in this country illegally, 
to work in often inhumane conditions for minimal compensation. 
I am pleased that this important amendment has been included in 
this legislation.
    Unfortunately, while this legislation contains provisions 
that I support to strengthen our efforts at preventing illegal 
entry into our country, it also calls for the development of 
what is intended to lead to a massive ``national worker 
verification'' system that would require millions of U.S. 
citizens to have their identities verified by the Federal 
Government every time they apply for a new job or government 
assistance. This proposal is opposed by a broad coalition of 
groups, ranging from the National Federation of Independent 
Business, the National Association of Manufacturers to the 
National Council of La Raza and the American Civil Liberties 
Union.
    Recognizing that the proper way to combat illegal 
immigration is to target those who break our laws and not 
impose burdens upon law-abiding citizens and businesses, 
Senator Abraham and I offered a bipartisan amendment to strike 
the worker verification proposal and replace it with stronger 
enforcement and penalties for those who overstay their legal 
visas.
    The Abraham-Feingold approach was aimed at targeting the 2 
percent of the population here illegally--not the other 98 
percent of the population. It seems both unnecessary and 
inappropriate to turn our Nation's employers into a quasi-
internal border patrol, charged with the responsibility of 
rooting illegal immigrants out of an enormous American 
workforce. We should not be promoting a system that would 
require every employer to go through a burdensome, onerous and 
potentially expensive process of dealing with a Federal 
bureaucrat every time they consider a job application. Nor 
should average Americans be forced to have their identity 
verified by a government bureaucrat in Washington, DC, every 
time they apply for a job or seek a student loan.
    While employers are currently required to ask potential 
employees for documentation to establish their identity, the 
new verification system envisioned under this legislation would 
create a massive, new system to be established and navigated by 
employers, job seekers and virtually every American who applies 
for some form of government assistance.
    Although the committee bill was modified to create a pilot 
program, it is clearly intended to lead to a national worker 
verification system--a step which I think is unwise. Although 
the committee accepted the provisions of the Abraham-Feingold 
amendment which focused upon strengthening enforcement efforts 
against those who overstay their visas, the committee 
unfortunately deadlocked, 9 to 9, on the portions of the 
Abraham-Feingold amendment which would have deleted the worker 
verification provisions entirely.
    Moreover, I am also deeply concerned by provisions in S. 
269 which require the development of uniform Federal birth 
certificates. Again, although the original provisions were 
changed by the committee to eliminate the requirement that 
individuals personalize their birth certificates and driver's 
licenses with a fingerprint or ``other biometric data'', I am 
concerned that the bill continues to represent a tremendous 
unfunded mandate for local and state agencies responsible for 
issuance of birth certificates and driver's licenses.
    Finally, while many of the law enforcement and criminal 
sanction provisions of this bill are reasonable, targeted 
responses to legitimate problems, I am unable to support 
others. In particular, I oppose the expansion of the death 
penalty as included in the bill. I also am troubled by aspects 
of ``anti-terrorism'' provisions particularly those which allow 
aliens to be excluded for a category of speech which includes 
``racial vilification''. Current law (8 U.S.C. 1182(a)(3)(B)) 
provides the Attorney General with the authority to exclude 
aliens who have engaged in terrorist activity, or where 
reasonable grounds exist to believe that an alien is likely to 
engage in terrorist activity after entry into the United 
States. The existing standard is based upon the conduct of the 
alien and provides the Attorney General with the powers to 
protect against terrorist threats. Expansion of this authority 
into new areas poses issues of constitutional concern that 
should not be ignored.
    In conclusion, while I am unable to support the bill 
reported by the committee, I do support many provisions in the 
bill and I am hopeful that when the full Senate considers this 
legislation, improvements will be made that will transform the 
legislation into a sensible, targeted approach focused upon 
those who break our laws, not those who abide by them.

                                   Russ Feingold.
                      XVI. Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S. 605, as reported, are shown as follows: existing law 
proposed to be omitted is enclosed in brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman):

                           UNITED STATES CODE

          * * * * * * *

                TITLE 18--CRIMES AND CRIMINAL PROCEDURE

          * * * * * * *

                 CHAPTER 25--COUNTERFEITING AND FORGERY

Sec.
471. Obligations or securities of United States.
     * * * * * * *
505. Seals of courts; signatures of judges or court officers.
[506. Seals of departments or agencies.]
506. Seals of departments or agencies.
507. Ship's papers.
508. Transportation requests of Government.
509. Possessing and making plates or stones for Government 
          transportation requests.

[Sec. 506. Seals of departments or agencies

    [Whoever falsely makes, forges, counterfeits, mutilates, or 
alters the seal of any department or agency of the United 
States; or
    [Whoever knowingly uses, affixes, or impresses any such 
fraudulently made, forged, counterfeited, mutilated, or altered 
seal to or upon any certificate, instrument, commission, 
document, or paper, of any description; or
    [Whoever, with fraudulent intent, possesses any such seal, 
knowing the same to have been so falsely made, forged, 
counterfeited, mutilated, or altered--
    [Shall be fined not more than $5,000 or imprisoned not more 
than five years, or both.]
    (a) Whoever--
          (1) falsely makes, forges, counterfeits, mutilates, 
        or alters the seal of any department or agency of the 
        United States, or any facsimile thereof;
          (2) knowingly uses, affixes, or impresses any such 
        fraudulently made, forged, counterfeited, mutilated, or 
        altered seal or facsimile thereof to or upon any 
        certificate, instrument, commission, document, or paper 
        of any description; or
          (3) with fraudulent intent, possesses, sells, offers 
        for sale, furnishes, offers to furnish, gives away, 
        offers to give away, transports, offers to transport, 
        imports, or offers to import any such seal or facsimile 
        thereof, knowing the same to have been so falsely made, 
        forged, counterfeited, mutilated, or altered,
shall be fined under this title, or imprisoned not more than 5 
years, or both.
    (b) Notwithstanding subsection (a) or any other provision 
of law, if a forged, counterfeited, mutilated, or altered seal 
of a department or agency of the United States, or any 
facsimile thereof, is--
          (1) so forged, counterfeited, mutilated, or altered;
          (2) used, affixed, or impressed to or upon any 
        certificate, instrument, commission, document, or paper 
        of any description; or
          (3) with fraudulent intent, possessed, sold, offered 
        for sale, furnished, offered to furnish, given away, 
        offered to give away, transported, offered to 
        transport, imported, or offered to import,
with the intent or effect of facilitating an unlawful alien's 
application for, or receipt of, a Federal benefit, the 
penalties which may be imposed for each offense under 
subsection (a) shall be two times the maximum fine, and 3 times 
the maximum term of imprisonment, or both, that would otherwise 
be imposed for an offense under subsection (a).
    (c) For purposes of this section--
          (1) the term ``Federal benefit'' means--
                  (A) the issuance of any grant, contract, 
                loan, professional license, or commercial 
                license provided by any agency of the United 
                States or by appropriated funds of the United 
                States; and
                  (B) any retirement, welfare, Social Security, 
                health (including treatment of an emergency 
                medical condition in accordance with section 
                1903(v) of the Social Security Act (19 U.S.C. 
                1396b(v))), disability, veterans, public 
                housing, education, food stamps, or 
                unemployment benefit, or any similar benefit 
                for which payments or assistance are provided 
                by an agency of the United States or by 
                appropriated funds of the United States;
          (2) the term ``unlawful alien'' means an individual 
        who is not--
                  (A) a United States citizen or national;
                  (B) an alien lawfully admitted for permanent 
                residence under the Immigration and Nationality 
                Act;
                  (C) an alien granted asylum under section 208 
                of such Act;
                  (D) a refugee admitted under section 207 of 
                such Act;
                  (E) an alien whose deportation has been 
                withheld under section 243(h) of the 
                Immigration and Nationality Act; or
                  (F) an alien paroled into the United States 
                under section 215(d)(5) of such Act for a 
                period of at least 1 year, and
                  (3) each instance of forgery, counterfeiting, 
                mutilation, or alternation shall constitute a 
                separate offense under this section.
          * * * * * * *

                 CHAPTER 47--FRAUD AND FALSE STATEMENTS

          * * * * * * *

Sec. 1028. Fraud and related activity in connection with identification 
                    documents

    (a) Whoever, in a circumstance described in subsection (c) 
of this section--
          * * * * * * *
    [(b) The punishment for an offense under subsection (a) of 
this section is--
          [(1) a fine of not more than $25,000 or imprisonment 
        for not more than five years, or both, if the offense 
        is--
                  [(A) the production or transfer of an 
                identification document or false identification 
                document that is or appears to be--
                          [(i) an identification document 
                        issued by or under the authority of the 
                        United States; or
                          [(ii) a birth certificate, or a 
                        driver's license or personal 
                        identification card;
                  [(B) the production or transfer of more than 
                five identification documents or false 
                identification documents; or
                  [(C) an offense under paragraph (5) of such 
                subsection;
          [(2) a fine of not more than $15,000 or imprisonment 
        for not more than three years, or both, if the offense 
        is--
                  [(A) any other production or transfer of an 
                identification document or false identification 
                document; or
                  [(B) an offense under paragraph (3) of such 
                subsection; and
          [(3) a fine of not more than $5,000 or imprisonment 
        for not more than one year, of both, in any other 
        case.]
    (b)(1)(A) An offense under subsection (a) that is--
          (i) the production or transfer of an identification 
        document or false identification document that is or 
        appears to be--
                  (I) an identification document issued by or 
                under the authority of the United States; or
                  (II) a birth certificate, or a driver's 
                license or personal identification card;
          (ii) the production or transfer of more than five 
        identification documents or false identification 
        documents; or
          (iii) an offense under paragraph (5) of such 
        subsection (a);
shall be punishable under subparagraph (B).
    (B) Except as provided in paragraph (4), a person who 
violates an offense described in subparagraph (A) shall be 
punishable by--
          (i) a fine under this title, imprisonment for not 
        more than 10 years, or both, for a first or second 
        offense; or
          (ii) a fine under this title, imprisonment for not 
        more than 15 years, or both, for a third or subsequent 
        offense.
    (2) A person convicted of an offense under subsection (a) 
that is--
          (A) any other production or transfer of an 
        identification document or false identification 
        document; or
          (B) an offense under paragraph (3) of such 
        subsection;
shall be punishable by a fine under this title, imprisonment 
for not more than three years, or both.
    (3) A person convicted of an offense under subsection (a), 
other than an offense described in paragraph (1) or (2), shall 
be punishable by a fine under this title, imprisonment for not 
more than one year, or both.
    (4) Notwithstanding any other provision of this section, 
the maximum term of imprisonment that may be imposed for an 
offense described in paragraph (1)(A) shall be--
          (A) if committed to facilitate a drug trafficking 
        crime (as defined in section 929(a) of this title), 15 
        years; and
          (B) if committed to facilitate an act of 
        international terrorism (as defined in section 2331 of 
        this title), 20 years.
          * * * * * * *

                CHAPTER 69--NATIONALITY AND CITIZENSHIP

          * * * * * * *

Sec. 1425. Procurement of citizenship or naturalization unlawfully

    (a) Whoever knowingly procures or attempts to procure, 
contrary to law, the naturalization of any person, or 
documentary or other evidence of naturalization or of 
citizenship; or
    (b) Whoever, whether for himself or another person not 
entitled thereto, knowingly issues, procures or obtains or 
applies for or otherwise attempts to procure or obtain 
naturalization, or citizenship, or a declaration of intention 
to become a citizen, or a certificate of arrival or any 
certificate or evidence of naturalization or citizenship, 
documentary or otherwise, or duplicates or copies of any of the 
foregoing--
    Shall [be fined not more than $5,000 or imprisoned not more 
than five years, or both.] , except as otherwise provided in 
this section, be--
          (1) fined under this title, imprisoned for not more 
        than 10 years, or both, for a first or second offense; 
        or
          (2) fined under this title, imprisoned for not more 
        than 15 years, or both, for a third or subsequent 
        offense.
    ``Notwithstanding any other provision of this section, the 
maximum term of imprisonment that may be imposed for an offense 
under this section--
          (1) if committed to facilitate a drug trafficking 
        crime (as defined in section 929(a) of this title), is 
        15 years; and
          (2) if committed to facilitate an act of 
        international terrorism (as defined in section 2331 of 
        this title), is 20 years.

Sec. 1426. Reproduction of naturalization or citizenship papers

    (a) Whoever falsely makes, forges, alters or counterfeits 
any oath, notice, affidavit, certificate of arrival, 
declaration of intention, certificate or documentary evidence 
of naturalization or citizenship or any order, record, 
signature, paper or proceeding or any copy thereof, required or 
authorized by any law relating to naturalization or citizenship 
or registry of aliens; or
          * * * * * * *
    (h) Whoever, without lawful authority, prints, photographs, 
makes or executes any print or impression in the likeness of a 
certificate of arrival, declaration of intention to become a 
citizen, or certificate of naturalization or citizenship, or 
any part thereof--
    Shall [be fined not more than $5,000 or imprisoned not more 
than five years, or both.], except as otherwise provided in 
this section, be--
          (1) fined under this title, imprisoned for not more 
        than 10 years, or both, for a first or second offense; 
        or
          (2) fined under this title, imprisoned for not more 
        than 15 years, or both, for a third or subsequent 
        offense.
    Notwithstanding any other provision of this section, the 
maximum term of imprisonment that may be imposed for an offense 
under this section--
          (1) if committed to facilitate a drug trafficking 
        crime (as defined in section 929(a) of this title), is 
        15 years; and
          (2) if committed to facilitate an act of 
        international terrorism (as defined in section 2331 of 
        this title), is 20 years.

Sec. 1427. Sale of naturalization or citizenship papers

    Whoever unlawfully sells or disposes of a declaration of 
intention to become a citizen, certificate of naturalization, 
certificate of citizenship or copies or duplicates or other 
documentary evidence of naturalization or citizenship, shall 
[be fined not more than $5,000 or imprisoned not more than five 
years, or both], except as otherwise provided in this section, 
be--
          (1) fined under this title, imprisoned for not more 
        than 10 years, or both, for a first or second offense; 
        or
          (2) fined under this title, imprisoned for not more 
        than 15 years, or both, for a third or subsequent 
        offense.
    Notwithstanding any other provision of this section, the 
maximum term of imprisonment that may be imposed for an offense 
under this section--
          (1) if committed to facilitate a drug trafficking 
        crime (as defined in section 929(a) of this title), is 
        15 years; and
          (2) if committed to facilitate an act of 
        international terrorism (as defined in section 2331 of 
        this title), is 20 years
          * * * * * * *

                    CHAPTER 75--PASSPORTS AND VISAS

          * * * * * * *

Sec. 1541. Issuance without authority

    Whoever, acting or claiming to act in any office or 
capacity under the United States, or a State or possession, 
without lawful authority grants, issues, or verifies any 
passport or other instrument in the nature of a passport to or 
for any person whomsoever; or
    Whoever, being a consular officer authorized to grant, 
issue, or verify passports, knowingly and willfully grants, 
issues, or verifies any such passport to or for any person not 
owing allegiance, to the United States, whether a citizen or 
not--
    Shall [be fined under this title, imprisoned not more than 
10 years, or both.] , except as otherwise provided in this 
section, be--
          (1) fined under this title, imprisoned for not more 
        than 10 years, or both, for a first or second offense; 
        or
          (2) fined under this title imprisoned for not more 
        than 15 years, or both, for a third or subsequent 
        offense.
    Notwithstanding any other provision of this section, the 
maximum term of imprisonment that may be imposed for an offense 
under this section--
          (1) if committed to facilitate a drug trafficking 
        crime (as defined in section 929(a) of this title), is 
        15 years; and
          (2) if committed to facilitate an act of 
        international terrorism (as defined in section 2331 of 
        this title), is 20 years.

Sec. 1542. False statement in application and use of passport

    Whoever willfully and knowingly makes any false statement 
in an application for passport with intent to induce or secure 
the issuance of a passport under the authority of the United 
States, either for his own use or the use of another, contrary 
to the laws regulating the issuance of passports or the rules 
prescribed pursuant to such laws; or
    Whoever willfully and knowingly uses or attempts to use, or 
furnishes to another for use any passport the issue of which 
was secured in any way by reason of any false statement--
    Shall [be fined under this title, imprisoned not more than 
10 years, or both.] , except as otherwise provided in this 
section, be--
          (1) fined under this title, imprisoned for not more 
        than 10 years, or both, for a first or second offense; 
        or
          (2) fined under this title, imprisoned for not more 
        than 15 years, or both, for a third or subsequent 
        offense.
    Notwithstanding any other provision of this section, the 
maximum term of imprisonment that may be imposed for an offense 
under this section--
          (1) if committed to facilitate a drug trafficking 
        crime (as defined in section 929(a) of this title), is 
        15 years; and
          (2) if committed to facilitate an act of 
        international terrorism (as defined in section 2331 of 
        this title), is 20 years.

Sec. 1543. Forgery or false use of passport

    Whoever falsely makes, forges, counterfeits, mutilates, or 
alters any passport or instrument purporting to be a passport, 
with intent that the same may be used; or
    Whoever willfully and knowingly uses, or attempts to use, 
or furnishes to another for use any such false, forged, 
counterfeited, mutilated or altered passport or instrument 
purporting to be a passport, or any passport validly issued 
which has become void by the occurrence of any condition 
therein prescribed invalidating the same--
    Shall [be fined under this title, imprisoned not more than 
10 years, or both.] , except as otherwise provided in this 
section, be--
          (1) fined under this title, imprisoned for not more 
        than 10 years, or both, for a first or second offense; 
        or
          (2) fined under this title, imprisoned for not more 
        than 15 years, or both, for a third or subsequent 
        offense.
    Notwithstanding any other provision of this section, the 
maximum term of imprisonment that may be imposed for an offense 
under this section--
          (1) if committed to facilitate a drug trafficking 
        crime (as defined in section 929(a) of this title), is 
        15 years; and
          (2) if committed to facilitate an act of 
        international terrorism (as defined in section 2331 of 
        this title), is 20 years.

Sec. 1544. Misuse of passport

    Whoever willfully and knowingly uses, or attempts to use, 
any passport issued or designed for the use of another; or
    Whoever willfully and knowingly uses or attempts to use any 
passport in violation of the conditions or restrictions therein 
contained, or of the rules prescribed pursuant to the laws 
regulating the issuance of passports; or
    Whoever willfully and knowingly furnishes, disposes of, or 
delivers a passport to any person, for use by another than the 
person for whose use it was originally issued and designed--
    Shall [be fiend under this title, imprisoned not more than 
10 years, or both.] except as otherwise provided in this 
section, be--
          (1) fined under this title, imprisoned for not more 
        than 10 years, or both, for a first or second offense; 
        or
          (2) fined under this title, imprisoned for not more 
        than 15 years, or both, for a third or subsequent 
        offense.
    Notwithstanding any other provision of this section, the 
maximum term of imprisonment that may be imposed for an offense 
under this section--
          (1) if committed to facilitate a drug trafficking 
        crime (as defined in section 929(a) of this title), is 
        15 years; and
          (2) if committed to facilitate an act of 
        international terrorism (as defined in section 2331 of 
        this title), is 20 years.
          * * * * * * *

Sec. 1546. Fraud and misuse of visas, permits, and other documents

    (a) Whoever knowingly forges, counterfeits, alters, or 
falsely makes any immigrant of nonimmigrant visa, permit, 
border crossing card, alien registration receipt card, or other 
document prescribed by statute or regulation for entry into or 
as evidence of authorized stay or employment in the United 
State, or utters, uses, attempts to use, possesses, obtains, 
accepts, or receives any such visa, permit, border crossing 
card, alien registration receipt card, or other document 
prescribed by statute or regulation for entry into or as 
evidence of authorized stay or employment in the United States, 
knowing it to be forged, counterfeited, altered, or falsely 
made, or to have been procured by means of any false claim or 
statement, or to have been otherwise procured by fraud or 
unlawfully obtained; or
          * * * * * * *
    [Whoever knowingly makes under oath, or as permitted under 
penalty of perjury under section 1746 of title 28, United 
States Code, knowingly subscribes as true, any false statement 
with respect to a material fact in any application, affidavit, 
or other document required by the immigration laws or 
regulations prescribed thereunder, or knowingly presents any 
such application, affidavit, or other document containing any 
such false statement--]
    Whoever knowingly makes under oath, or as permitted under 
penalty of perjury under section 1746 of title 28, United 
States Code, knowingly subscribes as true, any false statement 
with respect to a material fact in any application, affidavit, 
or other document required by the immigration laws or 
regulations prescribed thereunder, or knowingly presents any 
such application, affidavit, or other document which contains 
any such false statement or which fails to contain any 
reasonable basis in law or fact--
    Shall [be fined under this title or imprisoned not more 
than 10 years*, or both], except as otherwise provided in this 
subsection, be--
          (1) fined under this title, imprisoned for not more 
        than 10 years, or both, for a first or second offense; 
        or
          (2) fined under this title, imprisoned for not more 
        than 15 years, or both, for a third or subsequent 
        offense.
    Notwithstanding any other provision of this subsection, the 
maximum term of imprisonment that may be imposed for an offense 
under this subsection--
          (1) if committed to facilitate a drug trafficking 
        crime (as defined in section 929(a) of this title), is 
        15 years; and
          (2) if committed to facilitate an act of 
        international terrorism (as defined in section 2331 of 
        this title), is 20 years.
          * * * * * * *

                    CHAPTER 77--PEONAGE AND SLAVERY

          * * * * * * *

Sec. 1581. Peonage; obstructing enforcement

    (a) Whoever holds or returns any person to a condition of 
peonage, or arrests any person with the intent of placing him 
in or returning him to a condition of peonage, shall be fined 
not more than $5,000 or imprisoned not more than [five] 10 
years, or both.
          * * * * * * *

Sec. 1583. Enticement into slavery

    Whoever kidnaps or carries away any other person, with the 
intent that such other person be sold into involuntary 
servitude, or held as a slave; or
    Whoever entices, persuades, or induces any other person to 
go on board any vessel or to any other place with the intent 
that he may be made or held as a slave, or sent out of the 
country to be so made or held--
    Shall be fined not more than $5,000 or imprisoned not more 
than [five] 10 years, or both.
          * * * * * * *

Sec. 1584. Sale into involuntary servitude

    Whoever knowingly and willfully holds to involuntary 
servitude or sells into any condition of involuntary servitude, 
any other person for any term, or brings within the United 
States any person so held, shall be fined not more than $5,000 
or imprisoned not more than [five] 10 years, or both
          * * * * * * *

Sec. 1588. Transportation of slaves from United States

    Whoever, being the master or owner or person having charge 
of any vessel, receives on board any other person with the 
knowledge or intent that such person is to be carried from any 
place within the United States to any other place to be held or 
sold as a slave, or carries away from any place within the 
United States any such person with the intent that he may be so 
held or sold as a slave, shall be fined not more than $5,000 or 
imprisoned not more than [five] 10 years, or both.
          * * * * * * *

       CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

          * * * * * * *

Sec. 1961. Definitions

    As used in this chapter--
          (1) ``racketeering activity'' means (A) any act or 
        threat involving murder, kidnapping, gambling, arson, 
        robbery, bribery, extortion, dealing in obscene matter, 
        or dealing in narcotic or other dangerous drugs, which 
        is chargeable under State law and punishable by 
        imprisonment for more than one year; (B) any act which 
        is indictable under any of the following provisions of 
        title 18, United States Code: Section 201 (relating to 
        bribery), section 224 (relating to sports bribery), 
        sections 471, 472, and 473 (relating to 
        counterfeiting), section 659 (relating to theft from 
        interstate shipment) if the act indictable under 
        section 659 is felonious, section 664 (relating to 
        embezzlement from pension and welfare funds), sections 
        891-894 (relating to extortionate credit transactions), 
        section 1029 (relating to fraud and related activity in 
        connection with access devices), section 1084 (relating 
        to the transmission of gambling information), section 
        1341 (relating to mail fraud), section 1343 (relating 
        to wire fraud), section 1344 (relating to financial 
        institution fraud), sections 1461-1465 (relating to 
        obscene matter), section 1503 (relating to obstruction 
        of justice), section 1510 (relating to obstruction of 
        criminal investigations), section 1511 (relating to the 
        obstruction of State or local law enforcement), section 
        1512 (relating to tampering with a witness, victim, or 
        an informant), section 1513 (relating to retaliating 
        against a witness, victim, or an informant), section 
        1951 (relating to interference with commerce, robbery, 
        or extortion), section 1952 (relating to racketeering), 
        section 1953 (relating to interstate transportation of 
        wagering paraphernalia), section 1954 (relating to 
        unlawful welfare fund payments), section 1955 (relating 
        to the prohibition of illegal gambling businesses), 
        section 1956 (relating to the laundering of monetary 
        instruments), section 1957 (relating to engaging in 
        monetary transactions in property derived from 
        specified unlawful activity, section 1958 (relating to 
        use of interstate commerce facilities in the commission 
        of murder-for-hire), sections 2312 and 2313 (relating 
        to interstate transportation of stolen motor vehicles), 
        section 2314 and 2315 (relating to interstate 
        transportation of stolen property), section 2321 
        (relating to trafficking in certain motor vehicles or 
        motor vehicle parts), sections 2341-2346 (relating to 
        trafficking in contraband cigarettes), sections 2421-24 
        (relating to white slave traffic), (C) any act which is 
        indictable under title 29, United States Code, section 
        186 (dealing with restrictions on payments and loans to 
        labor organizations) or section 501(c) (relating to 
        embezzlement from union funds), (D) any offense 
        involving fraud connected with a case under title 11, 
        fraud in the sale of securities, or the felonious 
        manufacture, importation, receiving, concealment, 
        buying, selling, or otherwise dealing in narcotic or 
        other dangerous drugs, punishable under any law of the 
        United States, [or] (E) any act which is indictable 
        under the Currency and Foreign Transactions Reporting 
        Act; or (F) any act, or conspiracy to commit any act, 
        in violation of--
          (i) section 1028 (relating to production of false 
        identification documentation), section 1425 (relating 
        to the procurement of citizenship or nationalization 
        unlawfully), section 1426 (relating to the reproduction 
        of naturalization or citizenship papers), section 1427 
        (relating to the sale of naturalization or citizenship 
        papers), section 1541 (relating to passport issuance 
        without authority), section 1542 (relating to false 
        statements in passport applications), section 1543 
        (relating to forgery or false use of passports), or 
        section 1544 (relating to misuse of passports) of this 
        title, or, for personal financial gain, section 1546 
        (relating to fraud and misuse of visas, permits, and 
        other documents) of this title; or
          (ii) section 274, 277, or 278 of the Immigration and 
        Nationality Act.

  CHAPTER 117--TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED 
                                 CRIMES

          * * * * * * *

Sec. 2424. Filing factual statement about alien individual

    (a) Whoever keeps, maintains, controls, supports, or 
harbors in any house or place for the purpose of prostitution, 
or for any other immoral purpose, any [alien] individual, 
knowing or in reckless disregard of the fact that the 
individual is an alien [within three years after that 
individual has entered the United States from any country, 
party to the arrangement adopted July 25, 1902, for the 
suppression of the white-slave traffic], shall file with the 
Commissioner of Immigration and Naturalization a statement in 
writing setting forth the name of such [alien] individual, the 
place at which that individual is kept, and all facts as to the 
date of that individual's entry into the United States, the 
port through which that individual entered, that individual's 
age, nationality and parentage, and concerning that 
individual's procuration to come to this country within the 
knowledge of such person; and
    Whoever fails within [thirty] five business days after 
commencing to keep, maintain, control, support, or harbor in 
any house or place for the purpose of prostitution, or for any 
other immoral purpose, any alien individual [within three years 
after that individual has entered the United States from any 
country, party to the said arrangement for the suppression of 
the white-slave traffic], to file such statement concerning 
such alien individual with the Commissioner of Immigration and 
Naturalization, or
    Whoever knowingly and willfully states falsely or fails to 
disclose in such statement any fact within that person's 
knowledge or belief with reference to the age, nationality, or 
parentage of any such alien individual, or concerning that 
individual's procuration to come to this country--
    Shall be fined under this title or imprisoned not more than 
[two] 10 years, or both.
    (b) In any prosecution brought under this section, if it 
appears that any such statement required is not on file in the 
office of the Commissioner of Immigration and Naturalization, 
the person whose duty it is to file such statement shall be 
presumed to have failed to file said statement, unless such 
person or persons shall prove otherwise. No person shall be 
excused from furnishing the statement as required by this 
section, on the ground or for the reason that the statement so 
required by that person, or the information therein contained, 
might tend to criminate that person or subject that person to a 
penalty or forfeiture, but no information contained in the 
statement or any evidence which is directly or indirectly 
derived from such information may be used against any person 
making such statement in any criminal case, except a 
prosecution for perjury, giving a false statement or otherwise 
failing to comply with this section, or for enforcement of the 
provisions of section 274A of the Immigration and Nationality 
Act.

   CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND 
                  INTERCEPTION OF ORAL COMMUNICATIONS

          * * * * * * *

Sec. 2516. Authorization for interception of wire, oral, or electronic 
                    communications

    (1) The Attorney General, Deputy Attorney General, 
Associate Attorney General, or any Assistant Attorney General, 
any acting Assistant Attorney General, or any Deputy Assistant 
Attorney General in the Criminal Division specially designated 
by the Attorney General, may authorize an application to a 
Federal judge of competent jurisdiction for, and such judge may 
grant in conformity with section 2518 of this chapter an order 
authorizing or approving the interception of wire or oral 
communications by the Federal Bureau of Investigation, or a 
Federal agency having responsibility for the investigation of 
the offense as to which the application is made, when such 
interception may provide or has provided evidence of--
          (a) * * *
          * * * * * * *
          (c) any offense which is punishable under the 
        following sections of this title: section 201 (bribery 
        of public officials and witnesses), section 215 
        (relating to bribery of bank officials), section 224 
        (bribery in sporting contests), subsection (d), (e), 
        (f), (g), (h), or (i) of section 844 (unlawful use of 
        explosives), section 1032 (relating to concealment of 
        assets), section 1084 (transmission of wagering 
        information), section 751 (relating to escape), section 
        1014 (relating to loans and credit applications 
        generally; renewals and discounts), sections 1503, 
        1512, and 1513 (influencing or injuring an officer, 
        juror, or witness generally), section 1510 (obstruction 
        of criminal investigations), section 1511 (obstruction 
        of State or local law enforcement), section 1751 
        (Presidential and Presidential staff assassination, 
        kidnaping, and assault), section 1951 (interference 
        with commerce by threats or violence), section 1952 
        (interstate and foreign travel or transportation in aid 
        of racketeering enterprises), section 1958 (relating to 
        use of interstate commerce facilities in the commission 
        of murder for hire), section 1959 (relating to violent 
        crimes in aid of racketeering activity), section 1954 
        (offer, acceptance, or solicitation to influence 
        operations of employee benefit plan), section 1955 
        (prohibition of business enterprises of gambling), 
        section 1956 (offer, acceptance, or solicitation to 
        influence operations of employee benefit plan), section 
        1955 (prohibition of business enterprises of gambling), 
        section 1956 (laundering of monetary instruments), 
        section 1957 (relating to engaging in monetary 
        transactions in property derived from specified 
        unlawful activity), section 659 (theft from interstate 
        shipment), section 664 (embezzlement from pension and 
        welfare funds), section 1343 (fraud by wire, radio, or 
        television), section 1344 (relating to bank fraud), 
        sections 2251 and 2252 (sexual exploitation of 
        children), sections 2312, 2313, 2314, and 2315 
        (interstate transportation of stolen property), section 
        2321 (relating to trafficking in certain motor vehicles 
        or motor vehicle parts), section 1203 (relating to 
        hostage taking), section 1029 (relating to fraud and 
        related activity in connection with access devices), 
        section 3146 (relating to penalty for failure to 
        appear), section 3521(b)(3) (relating to witness 
        relocation and assistance), section 32 (relating to 
        destruction of aircraft or aircraft facilities), 
        section 1963 (violations with respect to racketeer 
        influenced and corrupt organizations), section 115 
        (relating to threatening of retaliating against a 
        Federal official), and section 1341 (relating to mail 
        fraud), section 351 (violations) with respect to 
        congressional, Cabinet, or Supreme Court 
        assassinations, kidnaping, and assault), section 831 
        (relating to prohibited transactions involving nuclear 
        materials), section 33 (relating to destruction of 
        motor vehicles or motor vehicle facilities), section 
        175 (relating to biological weapons), [or section 1992 
        (relating to wrecking trains]; section 1992 (relating 
        to wrecking trains), a felony violation of section 1028 
        (relating to production of false identification 
        documentation), section 1425 (relating to the 
        procurement of citizenship or nationalization 
        unlawfully), section 1426 (relating to the reproduction 
        of naturalization or citizenship papers), section 1427 
        (relating to the sale of naturalization or citizenship 
        papers), section 1541 (relating to passport issuance 
        without authority), section 1542 (relating to false 
        statements in passport applications), section 1543 
        (relating to forgery or false use of passports), 
        section 1544 (relating to misuse of passports), or 
        section 1546 (relating to fraud and misuse of visas, 
        permits, and other documents)
          * * * * * * *
    (l) the location of any fugitive from justice from an 
offense described in this section; [or]
    (m) a violation of section 274, 277, or 278 of the 
Immigration and Nationality Act (8 U.S.C. 1324, 1327, or 1328) 
(relating to the smuggling of aliens);
    [(m)](n) any felony violation of sections 922 and 924 of 
title 18, United States Code (relating to firearms);
    [(n)](o) any violation of section 5861 of the Internal 
Revenue Code of 1986 (relating to firearms); and
    [(o)](p) any conspiracy to commit any offense described in 
any subparagraph of the paragraph.
          * * * * * * *

             CHAPTER 227--SENTENCE, JUDGMENT, AND EXECUTION

          * * * * * * *

Sec. 3563. Conditions of probation

    (a) Mandatory Conditions.--The court shall provide, as an 
explicit condition of sentence of probation--
          * * * * * * *
    (b) Discretionary Conditions.--The court may provide as 
further conditions of sentence of probation, to the extent that 
such conditions are reasonably related to factors set forth in 
section 3553(a)(1) and (a)(2) and to the extent that such 
condition involve only such deprivations of liberty or property 
as are reasonably necessary for purposes indicated in section 
3553(a)(2), that the defendant--
    (1) * * *
          * * * * * * *
    (21) comply with the terms of any court order or order of 
an administrative process pursuant to the law of a State, the 
District of Columbia, or any other possession or territory of 
the United States, requiring payments by the defendant for the 
support and maintenance of a child or of a child and the parent 
with whom the child is living; [or]
    (22) satisfy such other conditions as the court may 
impose[.]; or
    (23) be ordered deported by a United States District Court, 
or United States Magistrate Court, pursuant to a stipulation 
entered into by the defendant and the United States under 
section 242A(c) of the Immigration and Nationality Act (8 
U.S.C. 1252a(c)), except that, in the absence of a stipulation, 
the United States District Court or the United States 
Magistrate Court, may order deportation as a condition of 
probation, if, after notice and hearing pursuant to section 
242A(c) of the Immigration and Nationality Act, the Attorney 
General demonstrates by clear and convincing evidence that the 
alien is deportable.
          * * * * * * *

           CHAPTER 306--TRANSFER TO OR FROM FOREIGN COUNTRIES

          * * * * * * *

Sec. 4113. Status of alien offender transferred to a foreign country

    (a) An alien who is deportable from the United States but 
who has been granted voluntary departure pursuant to [section 
1252(b)] section 1252(b)(1) or section 1254(e) of title 8, 
United States Code, and who is transferred to a foreign country 
pursuant to this chapter shall be deemed for all purposes to 
have voluntarily departed from this country.
          * * * * * * *

                    TITLE 26--INTERNAL REVENUE CODE

          * * * * * * *

                  CHAPTER 1--NORMAL TAXES AND SURTAXES

          * * * * * * *

Sec. 32. Earned income

    (a) Allowance of credit.--
          * * * * * * *
    (c) Definitions and special rules.--For purposes of this 
section--
          (1) Eligible individual.--
                  (A) In general.--The term ``eligible 
                individual'' means--
          * * * * * * *
                  (E) Abode must be in the United States.--The 
                requirements of subparagraphs (A)(ii) and 
                (B)(iii)(II) shall be met only if the principal 
                place of abode is in the United States.
                  (F) Identification number requirement.--The 
                term ``eligible individual'' does not include 
                any individual who does not include on the 
                return of tax for the taxable year--
                          (i) such individual's taxpayer 
                        identification number, and
                          (ii) if the individual is married 
                        (within the meaning of section 7703), 
                        the taxpayer identification number of 
                        such individual's spouse.
          * * * * * * *
    (j) Coordination With Certain Means-Tested Programs.--For 
purposes of--
          (1) the United States Housing Act of 1937,
    (k) Identification Numbers.--Solely for purposes of 
subsections (c)(1)(F) and (c)(3)(D), a taxpayer identification 
number means a social security number issued to an individual 
by the Social Security Administration (other than a social 
security number issued pursuant to clause (II) (or that portion 
of clause (III) that relates to clause (II)) of section 
205(c)(2)(B)(i) of the Social Security Act).
          * * * * * * *

                  CHAPTER 61--INFORMATION AND RETURNS

          * * * * * * *

Sec. 6213. Restrictions applicable to deficiencies; petition to Tax 
                    Court

    (a) Time for Filing Petition and Restriction on 
Assessment.--* * *
          * * * * * * *
    (g) Definitions.--For purposes of this section--
          (1) Return.--The term ``return'' includes any return, 
        statement, schedule, or list, and any amendment or 
        supplement thereto, filed with respect to any tax 
        imposed by subtitle A or B, or chapter 41, 42, 43, or 
        44.
          (2) Mathematical or clerical error.--The term 
        ``mathematical or clerical error'' means--
                  (A) an error in addition, subtraction, 
                multiplication, or division shown on any 
                return,
                  (B) an incorrect use of any table provided by 
                the Internal Revenue Service with respect to 
                any return if such incorrect use is apparent 
                from the existence of other information on the 
                return,
                  (C) an entry on a return of an item which is 
                inconsistent with another entry of the same or 
                another item on such return,
                  (D) an omission of information which is 
                required to be supplied on the return to 
                substantiate an entry on the return, [and]
                  (E) an entry on a return of a deduction or 
                credit in an amount which exceeds a statutory 
                limit imposed by subtitle A or B, or chapter 
                41, 42, 43, or 44, if such limit is expressed--
                          (i) as a specified monetary amount, 
                        or
                          (ii) as a percentage, ratio, or 
                        fraction, and if the items entering 
                        into the application of such limit 
                        appear on such return[.], and
    (F) an unintended omission of a correct taxpayer 
identification number required under section 32 (relating to 
the earned income tax credit) to be included on a return.
          * * * * * * *

               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE

          * * * * * * *

                    CHAPTER 119--EVIDENCE; WITNESSES

          * * * * * * *

Sec. 1821.  Per diem and mileage generally; subsistence

    (a)(1) Except as otherwise provided by law, a witness in 
attendance at any court of the United States, or before a 
United States Magistrate, or before any person authorized to 
take his deposition pursuant to any rule or order of a court of 
the United States, shall be paid the fees and allowances 
provided by this section.
          * * * * * * *
    (e) An alien who has been paroled into the United States 
for prosecution, pursuant to section 212(d)(5) of the 
Immigration and Nationality Act (8 U.S.C. 1182(d)(5)), or an 
alien who either has admitted belonging to a class of aliens 
who are deportable or has been determined pursuant to [section 
242(b) of such Act (8 U.S.C. 1252(b))] section 242(b)(1) of 
such Act (8 U.S.C. 1252(b)(1)) to be deportable, shall be 
ineligible to receive the fees or allowances provided by this 
section.
          * * * * * * *

                TITLE 42--THE PUBLIC HEALTH AND WELFARE

          * * * * * * *

                       CHAPTER 7--SOCIAL SECURITY

          * * * * * * *

Sec. 1396a. State plans for medical assistance

    (a) Contents.--A State plan for medical assistance must--
          (1) provide that it shall be in effect in all 
        political subdivisions of the State, and, if
          * * * * * * *
          (61) provide that the State must demonstrate that it 
        operates a medicaid fraud and abuse control unit 
        described in section 1396b(q) of this title that 
        effectively carries out the functions and requirements 
        described in such section, as determined in accordance 
        with standards established by the Secretary, unless the 
        State demonstrates to the satisfaction of the Secretary 
        that the effective operation of such a unit in the 
        State would not be cost-effective because minimal fraud 
        exists in connection with the provision of covered 
        services to eligible individuals under the State plan, 
        and that beneficiaries under the plan will be protected 
        from abuse and neglect in connection with the provision 
        of medical assistance under the plan without the 
        existence of such a unit; [and]
          (62) provide for a program for the distribution of 
        pediatric vaccines to program-registered providers for 
        the immunization of vaccine-eligible children in 
        accordance with section 1396s of this title[.] ; and
    (63) in the case of a State that is certified by the 
Attorney General as a high illegal immigration State (as 
determined by the Attorney General), at the election of the 
State, establish and operate a program for the placement of 
anti-fraud investigators in State, county, and private 
hospitals located in the State to verify the immigration status 
and income eligibility of applicants for medical assistance 
under the State plan prior to the furnishing of medical 
assistance.
          * * * * * * *

Sec. 1396b. Payment to States

    (a) Computation of Amount.--From the sums appropriated 
therefor, the Secretary (except as otherwise provided in this 
section) shall pay to each State which has a plan approved 
under this subchapter, for each quarter, beginning with the 
quarter commencing January 1, 1966--
          (1) an amount equal to the Federal medical assistance 
        percentage (as defined in section 1396d(b) of this 
        title, subject to subsections (g) and (j) of this 
        section and section 1396r-4(f) of this title) of the 
        total amount expended during such quarter as medical 
        assistance under the State plan; plus
          * * * * * * *
          (6) subject to subsection (b)(3) of this section, an 
        amount equal to--
                  (A) 90 per centum of the sums expended during 
                such a quarter within the twelve-quarter period 
                beginning with the first quarter in which a 
                payment is made to the State pursuant to this 
                paragraph, and
                  (B) 75 per centum of the sums expended during 
                each succeeding calendar quarter,
        with respect to costs incurred during such quarter (as 
        found necessary by the Secretary for the elimination of 
        fraud in the provision and administration of medical 
        assistance provided under the State plan) which are 
        attributable to the establishment and operation of 
        (including the training of personnel employed by) a 
        State medicaid fraud control unit (described in 
        subsection (q) of this section); [plus]
          (7) subject to section 1396r(g)(3)(B) of this title, 
        an amount equal to 50 per centum of the remainder of 
        the amounts expended during such quarter as found 
        necessary by the Secretary for the proper and efficient 
        administration of the State plan[.]; plus
    ``(8) an amount equal to the Federal medical assistance 
percentage (as defined in section 1905(b)) of the total amount 
expended during such quarter which is attributable to operating 
a program under section 1902(a)(63).
          * * * * * * *

                   TITLE 50--WAR AND NATIONAL DEFENSE

          * * * * * * *

       CHAPTER 12--VESSELS IN TERRITORIAL WATERS OF UNITED STATES

          * * * * * * *

Sec. 191. Regulation of anchorage and movement of vessels during 
                    national emergency

    Whenever the President by proclamation or Executive order 
declares a national emergency to exist by reason of actual or 
threatened war, insurrection, or invasion, or disturbance or 
threatened disturbance of the international relations of the 
United States, or whenever the Attorney General determines that 
an actual or anticipated mass migration of aliens en route to 
or arriving off the coast of the United States presents urgent 
circumstances requiring an immediate Federal response, the 
Secretary of Transportation may make, subject to the approval 
of the President, rules and regulations governing the anchorage 
and movement of any vessel, foreign or domestic, in the 
territorial waters of the United States, may inspect such 
vessel at any time, place guards thereon, and, if necessary in 
his opinion in order to secure such vessels from damage or 
injury, or to prevent damage or injury to any harbor or waters 
of the United States , or to secure the observance of the 
rights and obligations of the United States, may take, by and 
with the consent of the President, for such purposes, full 
possession and control of such vessel and remove therefrom the 
officers and crew thereof and all other persons not 
specifically authorized by him to go or remain on the board 
thereof.
          * * * * * * *

                    Immigration and Nationality Act

          * * * * * * *

                            TABLE OF CONTENTS

                            Title I--General

Sec. 101. Definitions.
Sec. 102. Applicability of title II to certain nonimmigrants.
Sec. 103. Powers and duties of the Attorney General and the 
          Commissioner.
Sec. 104. Powers and duties of the Secretary of State.
Sec. 105. Liaison with internal security officers.
[Sec. 106. Judicial review of orders of deportation and exclusion.]
Sec. 106. Judicial review of orders of deportation, exclusion, and 
          special exclusion.
     * * * * * * *

               chapter 5--deportation; adjustment of status

Sec. 241. General classes of deportable aliens.
Sec. 242. Apprehension and deportation of aliens.
Sec. 242A. Expedited procedures for deportation of aliens convicted of 
          committing aggravated felonies.Ob
Sec. 242B. Deportation procedures.
Sec. 243. Countries to which aliens shall be deported; cost of 
          deportation.
[Sec. 244. Suspension of deportation; voluntary departure.]
Sec. 244. Cancellation of deportation; adjustment of status; voluntary 
          departure.
Sec. 244A. Temporary protected status.
Sec. 245. Adjustment of status of nonimmigrant to that of person 
          admitted for permanent residence.
Sec. 245A. Adjustment of status of certain entrants before January 1, 
          1982, to that of person admitted for lawful residence.
Sec. 246. Rescission of adjustment of status.
Sec. 247. Adjustment of status of certain resident aliens to 
          nonimmigrant status.
Sec. 248. Change of nonimmigrant classification.
Sec. 249. Record of admission for permanent residence in the case of 
          certain aliens who entered prior to July 1, 1924, or January 
          1, 1972.
Sec. 250. Removal of aliens who have fallen into distress.
     * * * * * * *

                   chapter 8--general penalty provisions

Sec. 271. Prevention of unauthorized landing of aliens.
Sec. 272. Bringing in aliens subject to exclusion on a health-related 
          ground.
Sec. 273. Unlawful bringing of aliens into United States.
Sec. 274. Bringing in and harboring certain aliens.
Sec. 274A. Unlawful employment of aliens.
Sec. 274B. Unfair immigration-related employment practices.
Sec. 274C. Penalties for document fraud.
Sec. 274D. Civil penalties for failure to depart.
Sec. 275. Entry of alien at improper time or place; misrepresentation 
          and concealment of facts.
Sec. 276. Reentry of deported alien.
Sec. 277. Aiding or assisting certain aliens to enter the United States.
Sec. 278. Importation of alien for immoral purposes.
Sec. 279. Jurisdiction of district courts.
Sec. 280. Collection of penalties and expenses.

                         chapter 9--miscellaneous

Sec. 281. Nonimmigrant visa fees.
Sec. 282. Printing of reentry permits and blank forms of manifests and 
          crew lists.
Sec. 283. Travel expenses and expense of transporting remains of 
          immigration officers and employees who die outside of the 
          United States.
Sec. 284. Members of the Armed Forces.
Sec. 285. Disposal of privileges at immigrant stations.
Sec. 286. Disposition of moneys collected under the provisions of this 
          title.
Sec. 287. Powers of immigration officers and employees.
Sec. 288. Local jurisdiction over immigration stations.
Sec. 289. American Indians born in Canada.
Sec. 290. Central file; information from other departments and agencies.
Sec. 291. Burden of proof.
Sec. 292. Right to counsel.
Sec. 293. Deposit of and interest on cash received to secure immigration 
          bonds.
Sec. 294. Secretary of Labor subpoena authority.

                            TITLE I--GENERAL

                              definitions

    Section 101. (a) As used in this Act--
          * * * * * * *
          (43) The term ``aggravated felony'' means--
          * * * * * * *
                  (D) an offense described in section 1956 of 
                title 18, United States Code (relating to 
                laundering of monetary instruments) or section 
                1957 of that title (relating to engaging in 
                monetary transactions in property derived from 
                specific unlawful activity) if the amount of 
                the funds exceeded [$100,000] $100,000;
          * * * * * * *
                  (F) a crime of violence (as defined in 
                section 16 of title 18, United States Code, but 
                not including a purely political offense) for 
                which the term of imprisonment imposed 
                (regardless of any suspension of imprisonment) 
                [is at least 5 years] at least one year;
                  (G) a theft offense (including receipt of 
                stolen property) or burglary offense for which 
                the term of imprisonment imposed (regardless of 
                any suspension of such imprisonment) [is at 
                least 5 years] at least one year;
                  (H) an offense described in section 875, 876, 
                877, or 1202 of title 18, United States Code 
                (relating to the demand for or receipt of 
                ransom);
                  (I) an offense described in section 2251, 
                2251A, or 2252 of title 18, United States Code 
                (relating to child pornography);
                  (J) an [offense described] offense described 
                in section 1084 of title 18 (if it is a second 
                or subsequent offense), section 1955 of such 
                title (relating to gambling offenses), or in 
                section 1962 of title 18, United States Code 
                relating to racketeer influenced corrupt 
                organizations) for which a sentence of 5 years' 
                imprisonment] sentence of one year imprisonment 
                or more may be imposed;
                  (K) an offense that--
                          (i) relates to the owning, 
                        controlling, managing, or supervising 
                        of a prostitution business; [or]
                          (ii) is described in section 1581, 
                        1582, 1583, 1584, 1585, or 1588, of 
                        title 18, United States Code (relating 
                        to peonage, slavery, and involuntary 
                        servitude); or
                          (iii) is described in section 2421, 
                        2422, or 2423 of title 18, United 
                        States Code (relating to transportation 
                        for the purpose of prostitution), if 
                        committed for commercial advantage.
                  (L) an offense described in--
                          (i) section 793 (relating to 
                        gathering or transmitting national 
                        defense information), 798 (relating to 
                        disclosure of classified information), 
                        2153 (relating to sabotage) or 2381 or 
                        2382 (relating to treason) of title 18, 
                        United States Code; [or]
                          (ii) section 601 of the National 
                        Security Act of 1947 (50 U.S.C. 421 
                        (relating to protecting the identity of 
                        undercover intelligence agents); or
                          (iii) section 601 of the National 
                        Security Act of 1947 (relating to 
                        protecting the identity of undercover 
                        agents);
                  (M) an offense that--
                          (i) involves fraud or deceit in which 
                        the loss to the victim or victims 
                        exceeds $200,000; or
                          (ii) is described in section 7201 of 
                        the Internal Revenue Code of 1986 
                        (relating to tax evasion) in which the 
                        revenue loss to the Government exceeds 
                        [$200,000] $10,000;
                  (N) an offense described in section 274(a)(1) 
                [of title 18, United States Code] (relating to 
                alien smuggling) [for the purpose of commercial 
                advantage], except, for a first offense, if the 
                alien has affirmatively shown that the alien 
                committed the offense for the purpose of 
                assisting, abetting, or aiding only the alien's 
                spouse, child, or parent (and no other 
                individual) to violate a provision of this Act;
                  (O) an offense described in section 1546(a) 
                of title 18, United States Code (relating to 
                document fraud) [which constitutes trafficking 
                in the documents described in such section for 
                which the term of imprisonment imposed 
                (regardless of any suspicion of such 
                imprisonment) [is at least 5 years] (at least 
                one year) a first offense, if the alien has 
                affirmatively shown that the alien committed 
                the offense for the purpose of assisting, 
                abetting, or aiding only the alien's spouse, 
                child, or parent (and no other individual) to 
                violate a provision of this Act;
                  (P) any offense relating to commercial 
                bribery, counterfeiting, forgery, or 
                trafficking in vehicles whose identification 
                numbers have been altered for which the term of 
                imprisonment imposed (regardless of any 
                suspension of imprisonment) is at least one 
                year;
                  (Q) any offense relating to perjury or 
                subornation of perjury for which the term of 
                imprisonment imposed (regardless of any 
                suspension of imprisonment) is at least one 
                year;
                  [(P)] (R) an offense relating to a failure to 
                appear by a defendant for service of sentence 
                if the underlying offense is punishable by 
                imprisonment for a term of [15] 5 years or 
                more; and
                  [(Q)] (S) an attempt or conspiracy to commit 
                an offense described in this paragraph.
        The term applies to an offense described in this 
        paragraph whether in violation of Federal or State law 
        and applies to such an offense in violation of the law 
        of a foreign country for which the term of imprisonment 
        was completed within the previous 15 years. 
        Notwithstanding any other provision of law, the term 
        applies regardless of whether the conviction was 
        entered before, on, or after the date of enactment of 
        this paragraph, except that, for purposes of section 
        242(f)(2), the term has the same meaning as was in 
        effect under this paragraph on the date the offense was 
        committed.
          * * * * * * *
          (46) The term ``extraordinary ability'' means, for 
        purposes of section 101(a)(15)(O)(i), in the case of 
        the arts, distinction.
    (b) As used in titles I and II--
    (1) The term ``child'' means an unmarried person under 
twenty-one years of age who is--
                  (A) a legitimate child;
          * * * * * * *
    (f) For the purposes of this Act--
    No person shall be regarded as, or found to be, a person of 
good moral character who, during the period for which good 
moral character is required to be established, is, or was--
          (1) a habitual drunkard;
          (3) a member of one or more of the classes of 
        persons, whether excludable or not, described in 
        paragraphs (2)(D), (6)(E), and [(9)(A) \36\ of section 
        212(a) (10)(A) of section 212(a) of this Act; or 
        subparagraphs (A) and (B) of section 212(a)(2) and 
        subparagraph (C) thereof of such section (except as 
        such paragraph relates to a single offense of simple 
        possession of 30 grams or less of marihuana); if the 
        offense described therein, for which such person was 
        convicted or of which he admits the commission, was 
        committed during such period;
          (47) The term ``stowaway'' means any alien who 
        obtains transportation without the consent of the 
        owner, charterer, master, or person in command of any 
        vessel or aircraft through concealment aboard such 
        vessel or aircraft. A passenger who boards with a valid 
        ticket is not to be considered a stowaway.
          * * * * * * *

     powers and duties of the attorney general and the commissioner

    Sec. 103. (a) The Attorney General shall be charged with 
the administration and enforcement of this Act and all other 
laws relating to the immigration and naturalization of aliens, 
except insofar as this Act or such laws relate to the powers, 
functions, and duties conferred upon the President, the 
Secretary of State, the officers of the Department of State, or 
diplomatic or consular officers: Provided, however, That 
determination and ruling by the Attorney General with respect 
to all questions of law shall be controlling. He shall have 
control, direction, and supervision of all employees and of all 
the files and records of the Service. He shall establish such 
regulations; prescribe such forms of bond, reports, entries, 
and other papers; issue such instructions; and perform such 
other acts as he deems necessary for carrying out his authority 
under the provisions of this Act. He may require or authorize 
any employee of the Service or the Department of Justice to 
perform or exercise any of the powers, privileges, or duties 
conferred or imposed by this Act or regulations issued 
thereunder upon any other employee of the Service. He shall 
have the power and duty to control and guard the boundaries and 
borders of the United States against the illegal entry of 
aliens and shall, in his discretion, appoint for that purpose 
such number of employees of the Service as to him shall appear 
necessary and proper. He is authorized to confer or impose upon 
any employee of the United States, with the consent of the head 
of the Department or other independent establishment under 
whose jurisdiction the employee is serving, any of the powers, 
privileges, or duties conferred or imposed by this Act or 
regulations issued thereunder upon officers or employees of the 
Service. He may, with the concurrence of the Secretary of 
State, establish offices of the Service in foreign countries; 
and, after consultation with the Secretary of State, he may, 
whenever in his judgment such action may be necessary to 
accomplish the purposes of this Act, detail employees of the 
Service for duty in foreign countries. In the event the 
Attorney General determines that an actual or imminent mass 
influx of aliens arriving off the coast of the United States, 
or near a land border, presents urgent circumstances requiring 
an immediate Federal response, the Attorney General may 
authorize any specially designated State or local law 
enforcement officer, with the consent of the head of the 
department, agency, or establishment under whose jurisdiction 
the individual is serving, to perform or exercise any of the 
powers, privileges, or duties conferred or imposed by this Act 
or regulations issued thereunder upon officers or employees of 
the Service.
          * * * * * * *

        [judicial review of orders of deportation and exclusion

    [Sec. 106. (a) The procedure prescribed by, and all the 
provisions of chapter 158 of title 28, United States Code, 
shall apply to, and shall be the sole and exclusive procedure 
for, the judicial review of all final orders of deportation 
heretofore or hereafter made against aliens within the United 
States pursuant to administrative proceedings under [section 
242(b)] section 242(b)(1) or pursuant to section 242A of this 
Act or comparable provisions of any prior Act, except that--
          [(1) a petition for review may be filed not later 
        than 90 days after the date of the issuance of the 
        final deportation order, or, in the case of an alien 
        convicted of an aggravated felony (including an alien 
        described in section 242A), not later than 30 days 
        after the issuance of such order;
          [(2) the venue of any petition for review under this 
        section shall be in the judicial circuit in which the 
        administrative proceedings before a special inquiry 
        officer were conducted in whole or in part, or in the 
        judicial circuit wherein is the residence, as defined 
        in this Act, of the petitioner, but not in more than 
        one circuit;
          [(3) the action shall be brought against the 
        Immigration and Naturalization Service, as respondent. 
        Service of the petition to review shall be made upon 
        the Attorney General of the United States and upon the 
        official of the Immigration and Naturalization Service 
        in charge of the Service district in which the office 
        of the clerk of the court is located. The service of 
        the petition for review upon such official of the 
        Service shall stay the deportation of the alien pending 
        determination of the petition by the court, unless the 
        court otherwise directs or unless the alien is 
        convicted of an aggravated felony (including an alien 
        described in section 242A), in which case the Service 
        shall not stay the deportation of the alien pending 
        determination of the petition of the court unless the 
        court otherwise directs;
          [(4) except as provided in clause (B) of paragraph 
        (5) of this subsection, the petition shall be 
        determined solely upon the administrative record upon 
        which the deportation order is based and the Attorney 
        General's findings of fact, if supported by reasonable, 
        substantial, and probative evidence on the record 
        considered as a whole, shall be conclusive;
          [(5) whenever any petitioner, who seeks review of an 
        order under this section, claims to be a national of 
        the United States and makes a showing that his claim is 
        not frivolous, the court shall (A) pass upon the issues 
        presented when it appears from the pleadings and 
        affidavits filed by the parties that no genuine issue 
        of material fact is presented; or (B) where a genuine 
        issue of material fact as to the petitioner's 
        nationality is presented, transfer the proceedings to a 
        United States district court for the district where the 
        petitioner has his residence for hearing de novo of the 
        nationality claim and determination as if such 
        proceedings were originally initiated in the district 
        court under the provisions of section 2201 of title 28, 
        United States Code. Any such petitioner shall not be 
        entitled to have such issue determined under section 
        360(a) of this Act or otherwise;
          [(6) whenever a petitioner seeks review of an order 
        under this section, any review sought with respect to a 
        motion to reopen or reconsider such an order shall be 
        consolidated with the review of the order;
          [(7) if the validity of a deportation order has not 
        been judicially determined, its validity may be 
        challenged in a criminal proceeding against the alien 
        for violation of subsection (d) or (e) of section 242 
        of this Act only by separate motion for judicial review 
        before trial. Such motion shall be determined by the 
        court without a jury and before the trial of the 
        general issue. Whenever a claim to United States 
        nationality is made in such motion, and in the opinion 
        of the court, a genuine issue of material fact as to 
        the alien's nationality is presented, the court shall 
        accord him a hearing de novo on the nationality claim 
        and determine that issue as if proceedings had been 
        initiated under the provisions of section 2201 of title 
        28, United States Code. Any such alien shall not be 
        entitled to have such issue determined under section 
        360(a) of this Act or otherwise. If no such hearing de 
        novo as to nationality is conducted, the determination 
        shall be made solely upon the administrative record 
        upon which the deportation order is based and the 
        Attorney General's findings of fact, if supported by 
        reasonable, substantial and probative evidence on the 
        record considered as a whole, shall be conclusive. If 
        the deportation order is held invalid, the court shall 
        dismiss the indictment and the United States shall have 
        the right to appeal to the court of appeals within 
        thirty days. The procedure on such appeals shall be as 
        provided in the Federal rules of criminal procedure. No 
        petition for review under this section may be filed by 
        an alien during the pendency of a criminal proceeding 
        against such alien for violation of subsection (d) or 
        (e) of section 242 of this Act;
          [(8) nothing in this section shall be construed to 
        require the Attorney General to defer deportation of an 
        alien after the issuance of a deportation order because 
        of the right of judicial review of the order granted by 
        this section, or to relieve any alien from compliance 
        with subsections (d) and (e) of section 242 of this 
        Act. Nothing contained in this section shall be 
        construed to preclude the Attorney General from 
        detaining or continuing to detain an alien or from 
        taking him into custody pursuant to subsection (c) of 
        section 242 of this Act at any time after the issuance 
        of a deportation order;
          [(9) it shall not be necessary to print the record or 
        any part thereof, or the briefs, and the court shall 
        review the proceedings on a typewritten record and on 
        typewritten briefs; and
          [(10) any alien held in custody pursuant to an order 
        of deportation may obtain judicial review thereof by 
        habeas corpus proceedings.
    [(b) Notwithstanding the provisions of any other law, any 
alien against whom a final order of exclusion has been made 
heretofore or hereafter under the provisions of section 236 of 
this Act or comparable provisions of any prior Act may obtain 
judicial review of such order by habeas corpus proceedings and 
not otherwise.
    [(c) An order of deportation or of exclusion shall not be 
reviewed by any court if the alien has not exhausted the 
administrative remedies available to him as of right under the 
immigration laws and regulations or if he has departed from the 
United States after the issuance of the order. Every petition 
for review or for habeas corpus shall state whether the 
validity of the order has been upheld in any prior judicial 
proceeding, and, if so, the nature and date thereof, and the 
court in which such proceeding took place. No petition for 
review or for habeas corpus shall be entertained if the 
validity of the order has been previously determined in any 
civil or criminal proceeding, unless the petition presents 
grounds which the court finds could not have been presented in 
such prior proceeding, or the court finds that the remedy 
provided by such prior proceeding was inadequate or ineffective 
to test the validity of the order.
    [(d)(1) A petition for review or for habeas corpus on 
behalf of an alien against whom a final order of deportation 
has been issued pursuant to section 242A(b) may challenge 
only--
          [(A) whether the alien is in fact the alien described 
        in the order;
          [(B) whether the alien is in fact an alien described 
        in section 242A(b)(2);
          [(C) whether the alien has been convicted of an 
        aggravated felony and such conviction has become final; 
        and
          [(D) whether the alien was afforded the procedures 
        required by section 242A(b)(4).
    [(2) No court shall have jurisdiction to review any issue 
other than an issue described in paragraph (1).]


   judicial review of orders of deportation, exclusion, and special 
                               exclusion


    Sec. 106. (a) Applicable Provisions.--Except as provided in 
subsection (b), judicial review of a final order of exclusion 
or deportation is governed only by chapter 158 of title 28 of 
the United States Code, but in no such review may a court order 
the taking of additional evidence pursuant to section 2347(c) 
of title 28, United States Code.
    (b) Requirements.--(1)(A) A petition for judicial review 
must be filed not later than 30 days after the date of the 
final order of exclusion or deportation, except that in the 
case of any specially deportable criminal alien (as defined in 
section 242(k)), there shall be no judicial review of any final 
order of deportation.
    (B) The alien shall serve and file a brief in connection 
with a petition for judicial review not later than 40 days 
after the date on which the administrative record is available, 
and may serve and file a reply brief not later than 14 days 
after service of the brief of the Attorney General, and the 
court may not extend these deadlines except upon motion for 
good cause shown.
    (C) If an alien fails to file a brief in connection with a 
petition for judicial review within the time provided in this 
paragraph, the Attorney General may move to dismiss the appeal, 
and the court shall grant such motion unless a manifest 
injustice would result.
    (2) A petition for judicial review shall be filed with the 
court of appeals for the judicial circuit in which the special 
inquiry officer completed the proceedings.
    (3) The respondent of a petition for judicial review shall 
be the Attorney General. The petition shall be served on the 
Attorney General and on the officer or employee of the 
Immigration and Naturalization Service in charge of the Service 
district in which the final order of exclusion or deportation 
was entered. Service of the petition on the officer or employee 
does not stay the deportation of an alien pending the court's 
decision on the petition, unless the court orders otherwise.
    (4)(A) Except as provided in paragraph (5)(B), the court of 
appeals shall decide the petition only on the administrative 
record on which the order of exclusion or deportation is based 
and the Attorney General's findings of fact shall be conclusive 
unless a reasonable adjudicator would be compelled to conclude 
to the contrary.
    (B) The Attorney General's discretionary judgment whether 
to grant relief under section 212 (c) or (i), 244 (a) or (d), 
and 245 shall be conclusive and shall not be subject to review.
    (C) The Attorney General's discretionary judgment whether 
to grant relief under section 208(a) shall be conclusive unless 
manifestly contrary to law and an abuse of discretion.
    (5)(A) If the petitioner claims to be a national of the 
United States and the court of appeals finds from the pleadings 
and affidavits that no genuine issue of material fact about the 
petitioner's nationality is presented, the court shall decide 
the nationality claim.
    (B) If the petitioner claims to be a national of the United 
States and the court of appeals finds that a genuine issue of 
material fact about the petitioner's nationality is presented, 
the court shall transfer the proceeding to the district court 
of the United States for the judicial district in which the 
petitioner resides for a new hearing on the nationality claim 
and a decision on that claim as if an action had been brought 
in the district court under section 2201 of title 28, United 
States Code.
    (C) The petitioner may have the nationality claim decided 
only as provided in this section.
    (6)(A) If the validity of an order of deportation has not 
been judicially decided, a defendant in a criminal proceeding 
charged with violating subsection (d) or (e) of section 242 may 
challenge the validity of the order in the criminal proceeding 
only by filing a separate motion before trial. The district 
court, without a jury, shall decide the motion before trial.
    (B) If the defendant claims in the motion to be a national 
of the United States and the district court finds that no 
genuine issue of material fact about the defendant's 
nationality is presented, the court shall decide the motion 
only on the administrative record on which the deportation 
order is based. The administrative findings of fact are 
conclusive if supported by reasonable, substantial, and 
probative evidence on the record considered as a whole.
    (C) If the defendant claims in the motion to be a national 
of the United States and the district court finds that a 
genuine issue of material fact about the defendant's 
nationality is presented, the court shall hold a new hearing on 
the nationality claim and decide that claim as if an action had 
been brought under section 2201 of title 28, United States 
Code.
    (D) If the district court rules that the deportation order 
is invalid, the court shall dismiss the indictment. The United 
States Government may appeal the dismissal to the court of 
appeals for the appropriate circuit within 30 days. The 
defendant may not file a petition for review under this section 
during the criminal proceeding. The defendant may have the 
nationality claim decided only as provided in this section.
    (7) This subsection--
          (A) does not prevent the Attorney General, after a 
        final order of deportation has been issued, from 
        detaining the alien under section 242(c);
          (B) does not relieve the alien from complying with 
        subsection (d) or (e) of section 242; and
          (C) except as provided in paragraph (3), does not 
        require the Attorney General to defer deportation of 
        the alien.
    (8) The record and briefs do not have to be printed. The 
court of appeals shall review the proceeding on a typewritten 
and on typewritten briefs.
    (c) Requirements for Petition.--A petition for review of an 
order of exclusion or deportation shall state whether a court 
has upheld the validity of the order, and, if so, shall state 
the name of the court, the date of the court's ruling, and the 
kind of proceeding.
    (d) Review of Final Orders.--
          (1) A court may review a final order of exclusion or 
        deportation only if--
                  (A) the alien has exhausted all 
                administrative remedies available to the alien 
                as a matter of right; and
                  (B) another court has not decided the 
                validity of the order, unless, subject to 
                paragraph (2), the reviewing court finds that 
                the petition presents grounds that could not 
                have been presented in the prior judicial 
                proceeding or that the remedy provided by the 
                prior proceeding was inadequate or ineffective 
                to test the validity of the order.
          (2) Nothing in paragraph (1)(B) may be construed as 
        creating a right of review if such review would be 
        inconsistent with subsection (e), (f), or (g), or any 
        other provision of this section.
    (e) No Judicial Review for Orders of Deportation or 
Exclusion Entered Against Certain Criminal Aliens.--
Notwithstanding any other provision of law, any order of 
exclusion or deportation against an alien who is excludable or 
deportable by reason of having committed any criminal offense 
described in subparagraph (A)(iii), (B), (C), or (D) of section 
241(a)(2), or two or more offenses described in section 
241(a)(2)(A)(ii), at least two of which resulted in a sentence 
or confinement described in section 241(a)(2)(A)(i)(II), is not 
subject to review by any court.
    (f) Limited Review for Special Exclusion and Document 
Fraud.--(1) Notwithstanding any other provision of law, except 
as provided in this subsection, no court shall have 
jurisdiction to review any individual determination or to hear 
any other cause of action or claim arising from or relating to 
the implementation or operation of sections 208(e), 
212(a)(6)(iii), 235(d), and 235(e).
    (2)(A) Except as provided in this subsection, there shall 
be no judicial review of--
          (i) a decision by the Attorney General to invoke the 
        provisions of section 235(e);
          (ii) the application of section 235(e) to individual 
        aliens, including the determination made under 
        paragraph (5); or
          (iii) procedures and policies adopted by the Attorney 
        General to implement the provisions of section 235(e).
    (B) Without regard to the nature of the action or claim, or 
the identity of the party or parties bringing the action, no 
court shall have jurisdiction or authority to enter 
declaratory, injunctive, or other equitable relief not 
specifically authorized in this subsection, or to certify a 
class under Rule 23 of the Federal Rules of Civil Procedure.
    (3) Judicial review of any cause, claim, or individual 
determination made or arising under or relating to section 
208(e) 212(a)(6)(iii), 235(d), or 235(e) shall only be 
available in a habeas corpus proceeding, and shall be limited 
to determinations of--
          (A) whether the petitioner is an alien;
          (B) whether the petitioner was ordered specially 
        excluded; and
          (C) whether the petitioner can prove by a 
        preponderance of the evidence that he or she is an 
        alien lawfully admitted for permanent residence and is 
        entitled to such further inquiry as is prescribed by 
        the Attorney General pursuant to section 235(e)(6).
    (4)(A) In any case where the court determines that the 
petitioner--
          (i) is an alien who was not ordered specially 
        excluded under section 235(e), or
          (ii) has demonstrated by a preponderance of the 
        evidence that he or she is a lawful permanent resident,
the court may order no remedy or relief other than to require 
that the petitioner be provided a hearing in accordance with 
section 236 or a determination in accordance with section 
235(c) or 273(d).
    (B) Any alien who is provided a hearing under section 236 
pursuant to these provisions may thereafter obtain judicial 
review of any resulting final order of exclusion pursuant to 
this section.
    (5) In determining whether an alien has been ordered 
specially excluded under section 235(e), the court's inquiry 
shall be limited to whether such an order in fact was issued 
and whether it relates to the petitioner. There shall be no 
review of whether the alien is actually excludable or entitled 
to any relief from exclusion.
    (g) No Collateral Attack.--In any action brought for the 
assessment of penalties for improper entry or reentry of an 
alien under section 275 or 276, no court shall have 
jurisdiction to hear claims attacking the validity or orders of 
exclusion, special exclusion, or deportation entered under 
section 235, 236, or 242.

                         TITLE II--IMMIGRATION

                      CHAPTER 1--SELECTION SYSTEM

                     worldwide level of immigration

    Sec. 201. (a) In General.--Exclusive of aliens described in 
subsection (b), aliens born in a foreign state or dependent 
area who may be issued immigrant visas or who may otherwise 
acquire the status of an alien lawfully admitted to the United 
States for permanent residence are limited to--
          * * * * * * *
    (c) Worldwide Level of Family-Sponsored Immigrants.--(1)(A) 
The worldwide level of family-sponsored immigrants under this 
subsection for a fiscal year is, subject to subparagraph (B), 
equal to--
          (i) 480,000, minus
          [(ii) the number computed under paragraph (2), plus]
          (ii) the sum of the number computed under paragraph 
        (2) and the number computed under paragraph (4), plus
          (iii) the number (if any) computed under paragraph 
        (3).
          * * * * * * *
    (3)(A) The number computed under this paragraph for fiscal 
year 1992 is zero.
          * * * * * * *
    (4) The number computed under this paragraph for a fiscal 
year is the number of aliens who were paroled into the United 
States under section 212(d)(5) in the second preceding fiscal 
year and who did not depart from the United States within 365 
days.
    (5) If any alien described in paragraph (4) is subsequently 
admitted as an alien lawfully admitted for permanent residence, 
such alien shall not again be considered for purposes of 
paragraph (1).
          * * * * * * *

            numerical limitation to any single foreign state

    Sec. 202. (a) Per Country Level.--
          (1) Nondiscrimination.--(A) Except as specifically 
        provided in paragraph (2) and in sections 101(a)(27), 
        201(b)(2)(A)(i), and 203, no person shall receive any 
        preference or priority or be discriminated against in 
        the issuance of an immigrant visa because of the 
        person's race, sex, nationality, place of birth, or 
        place of residence.
          (B) Nothing in this paragraph shall be construed to 
        limit the authority of the Secretary of State to 
        determine the procedures for the processing of 
        immigrant visa applications or the locations where such 
        applications will be processed.
          * * * * * * *
    (e) Special Rules for Countries at Ceiling.--If it is 
determined that the total number of immigrant visas made 
available under subsections (a) and (b) of section 203 to 
natives of any single foreign state or dependent area will 
exceed the numerical limitation specified in subsection (a)(2) 
in any fiscal year, in determining the allotment of immigrant 
visa numbers to natives under subsections (a) and (b) of 
section 203, visa numbers with respect to natives of that state 
or area shall be allocated (to the extent practicable and 
otherwise consistent with this section and section 203) in a 
manner so that--
          (1) the ratio of the visa numbers made available 
        under section 203(a) to the visa numbers made available 
        under section 203(b) is equal to the ratio of the 
        worldwide level of immigration under section 201(c) to 
        such level under section 201(d);
          * * * * * * *
          (3) the proportion of the visa numbers made available 
        under each of paragraphs (1) through (5) of section 
        203(b) is equal to the ratio of the total number of 
        visas made available under the respective paragraph to 
        the total number of visas made available under section 
        203(b).
Nothing in this subsection shall be construed as limiting the 
number of visas that may be issued to natives of a foreign 
state or dependent area under section 203(a) or 203(b) if there 
is insufficient demand for visas for such natives under section 
203(b) or 203(a), respectively, or as limiting the number of 
visas that may be issued under section 203(a)(2)(A) pursuant to 
subsection (a)(4)(A).
    (f)(1) For purposes of subsection (a)(2), an immigrant visa 
shall be considered to have been made available in a fiscal 
year to any alien who is not an alien lawfully admitted for 
permanent residence but who was paroled into the United States 
under section 212(d)(5) in the second preceding fiscal year and 
who did not depart from the United States within 365 days.
    (2) If any alien described in paragraph (1) is subsequently 
admitted as an alien lawfully admitted for permanent residence, 
an immigrant visa shall not again be considered to have been 
made available for purposes of subsection (a)(2).
          * * * * * * *

                            asylum procedure

    Sec. 208. (a) [The], (1) Except as provided in paragraph 
(2), the Attorney General shall establish a procedure for an 
alien physically present in the United States or at a land 
border or port of entry, irrespective of such alien's status, 
to apply for asylum, and the alien may be granted asylum in the 
discretion of the Attorney General if the Attorney General 
determines that such alien is a refugee within the meaning of 
section 101(a)(42)(A).
    (2)(A) An application for asylum filed for the first time 
during an exclusion or deportation proceeding shall not be 
considered if the proceeding was commenced more than one year 
after the alien's entry or admission into the United States.
    (B) An application for asylum may be considered, 
notwithstanding subparagraph (A), if the applicant shows good 
cause for not having filed within the specified period of time.
          * * * * * * *
    [(e) An applicant for asylum is not entitled to employment 
authorization except as may be provided by regulation in the 
discretion of the Attorney General.]
    (e)(1) Notwithstanding subsection (a), any alien who, in 
seeking entry to the United States or boarding a common carrier 
for the purpose of coming to the United States, presents any 
document which, in the determination of the immigration 
officer, is fraudulent, forged, stolen, or inapplicable to the 
person presenting the document, or otherwise contains a 
misrepresentation of a material fact, may not apply for or be 
granted asylum, unless presentation of the document was 
necessary to depart from a country in which the alien has a 
credible fear of persecution, or from which the alien has a 
credible fear of return to persecution, and the alien traveled 
from such country directly to the United States.
    (2) Notwithstanding subsection (a), an alien who boards a 
common carrier for the purpose of coming to the United States 
through the presentation of any document which relates or 
purports to relate to the alien's eligibility to enter the 
United States, and who fails to present such document to an 
immigration officer upon arrival at a port of entry into the 
United States, may not apply for or be granted asylum, unless 
presentation of such document was necessary to depart from a 
country in which the alien has a credible fear of persecution, 
or from which the alien has a credible fear of return to 
persecution, and the alien traveled from such country directly 
to the United States.
    (3) Notwithstanding subsection (a), an alien described in 
section 235(d)(3) may not apply for or be granted asylum, 
unless the alien traveled directly from a country in which the 
alien has a credible fear of persecution, or from which the 
alien has a credible fear of return to persecution.
    (4) Notwithstanding paragraph (1), (2), or (3), the 
Attorney General may, under extraordinary circumstances, permit 
an alien described in any such paragraph to apply for asylum.
    (5)(A) When an immigration officer had determined that an 
alien has sought entry under either of the circumstances 
described in paragraph (1) or (2), or is an alien described in 
section 235(d)(3), or is otherwise an alien subject to the 
special exclusion procedure of section 235(e), and the alien 
has indicated a desire to apply for asylum or for withholding 
of deportation under section 243(h), the immigration officer 
shall refer the matter to an asylum officer.
    (B) Such asylum officer shall interview the alien, in 
person or by video conference, to determine whether the alien 
has a credible fear of persecution (or of return to 
persecution) in or from--
          (i) the country of such alien's nationality or, in 
        the case of a person having no nationality, the country 
        in which such alien last habitually resided, and
          (ii) in the case of an alien seeking asylum who has 
        sought entry under either of the circumstances 
        described in paragraph (1) or (2), or who is described 
        in section 235(d)(3), the country in which the alien 
        was last present prior to attempting entry into the 
        United States.
    (C) If the officer determines that the alien does not have 
a credible fear of persecution in (or of return to persecution 
from) the country or countries referred to in subparagraph (B), 
the alien may be specially excluded and deported in accordance 
with section 235(e).
    (D) The Attorney General shall provide by regulation for 
the prompt supervisory review of a determination under 
subparagraph (C) that an alien physically present in the United 
States does not have a credible fear of persecution in (or of 
return to persecution from) the country or countries referred 
to in subparagraph (B).
    (E) The Attorney General shall provide information 
concerning the procedure described in this paragraph to persons 
who may be eligible. An alien who is eligible for such 
procedure pursuant to subparagraph (A) may consult with a 
person or persons of the alien's choosing prior to the 
procedure or any review thereof, in accordance with regulations 
prescribed by the Attorney General. Such consultation shall be 
at no expense to the Government and shall not delay the 
process.
    (6) An alien who has been determined under the procedure 
described in paragraph (5) to have a credible fear of 
persecution shall be taken before a special inquiry officer for 
a hearing in accordance with section 236.
    (7) As used in this subsection, the term ``asylum officer'' 
means an immigration officer who--
          (A) has had professional training in country 
        conditions, asylum law, and interview techniques; and
          (B) is supervised by an officer who meets the 
        condition in subparagraph (A).
    (8) As used in this section, the term ``credible fear of 
persecution'' means that--
          (A) there is a substantial likelihood that the 
        statements made by the alien in support of the alien's 
        claim are true; and
          (B) there is a significant possibility, in light of 
        such statements and of country conditions, that the 
        alien could establish eligibility as a refugee within 
        the meaning of section 101(a)(42)(A).
    (f)(1) An applicant for asylum may not engage in employment 
in the United States unless such applicant has submitted an 
application for employment authorization to the Attorney 
General and, subject to paragraph (2), the Attorney General has 
granted such authorization.
    (2) The Attorney General may deny any application for, or 
suspend or place conditions on any grant of, authorization for 
any applicant for asylum to engage in employment in the United 
States.
          * * * * * * *

                      special agricultural workers

    Sec. 210. (a) Lawful Residence.--
          (1) In general.--The Attorney General shall adjust 
        the status of an alien to that of an alien lawfully 
        admitted for temporary residence if the Attorney 
        General determines that the alien meets the following 
        requirements:
          * * * * * * *
    (b) Applications for Adjustment of Status.--
          (1) To Whom may be made.--
                  (A) Within the united states.--The Attorney 
                General shall provide that applications for 
                adjustment of status under subsection (a) may 
                be filed--
          * * * * * * *
          6. Confidentiality of information.--Neither the 
        Attorney General, nor any other official or employee of 
        the Department of Justice, or bureau or agency thereof, 
        may--
                  (A) use the information furnished pursuant to 
                an application filed under this section for any 
                purpose other than to make a determination on 
                the application including a determination under 
                subparagraph (a)(3)(B), or for enforcement of 
                paragraph (7).
                  (B) make any publication whereby the 
                information furnished by any particular 
                individual can be identified, or
                  (C) permit anyone other than the sworn 
                officers and employees of the Department or 
                bureau or agency or, with respect to 
                applications filed with a designated entity, 
                that designated entity, to examine individual 
                applications[.],
                except that the Attorney General shall provide 
                information furnished under this section to a 
                duly recognized law enforcement entity in 
                connection with a criminal investigation or 
                prosecution, when such information is requested 
                in writing by such entity, or to an official 
                coroner for purposes of affirmatively 
                identifying a deceased individual (whether or 
                not such individual is deceased as a result of 
                a crime).
          * * * * * * *

 CHAPTER 2--QUALIFICATIONS FOR ADMISSION OF ALIENS; TRAVEL CONTROL OF 
                          CITIZENS AND ALIENS

General Classes of Aliens Ineligible to Receive Visas and Excluded from 
                 Admission; Waivers of Inadmissibility

    Sec. 212. (a) Classes of Excludable Aliens.--Except as 
otherwise provided in this Act, the following describes classes 
of excludable aliens who are ineligible to receive visas and 
who shall be excluded from admission into the United States:
          (1) Health-related grounds.--
                  (A) In general.--Any alien--
                          (i) who is determined (in accordance 
                        with regulations prescribed by the 
                        Secretary of Health and Human Services) 
                        to have a communicable disease of 
                        public health significance, which shall 
                        include infection with the etiologic 
                        agent for acquired immune deficiency 
                        syndrome,
                          (ii) who is determined (in accordance 
                        with regulations prescribed by the 
                        Secretary of Health and Human Services 
                        in consultation with the Attorney 
                        General)--
                                  (I) to have a physical or 
                                mental disorder and behavior 
                                associated with the disorder 
                                that may pose, or has posed, a 
                                threat to the property, safety, 
                                or welfare of the alien or 
                                others, [or]
                                  (II) to have had a physical 
                                or mental disorder and a 
                                history of behavior associated 
                                with the disorder, which 
                                behavior has posed a threat to 
                                the property, safety, or 
                                welfare of the alien or others 
                                and which behavior is likely to 
                                recur or to lead to other 
                                harmful behavior, or
                          (iii) who is determined (in 
                        accordance with regulations prescribed 
                        by the Secretary of Health and Human 
                        Services) to be a drug abuser or 
                        addict, or
                          (iv) who seeks admission as a lawful 
                        permanent resident, or who seeks 
                        adjustment of status to that of an 
                        alien lawfully admitted for permanent 
                        residence, and who has failed to 
                        present documentation showing that the 
                        alien has been vaccinated against 
                        vaccine-preventable diseases (including 
                        mumps, measles, rubella, polio, 
                        tetanus, diphtheria toxoids, pertussis, 
                        haemophilus-influenza type B, hepatitis 
                        type B, and any other diseases 
                        specified as vaccine-preventable 
                        diseases by the Advisory Committee on 
                        Immunization Practices),
          * * * * * * *
          (3) Security and related grounds.--
                  (A) In general.--Any alien who a consular 
                officer of the Attorney General knows, or has 
                reasonable ground to believe, seeks to enter 
                the United States to engage solely, 
                principally, or incidentally in--
          * * * * * * *
                  (B) Terrorist activities.--
                          (i) In general.--Any alien who--
                                  (I) has engaged in a 
                                terrorist activity, [or]
                                  (II) a consular officer or 
                                the Attorney General knows, or 
                                has reasonable ground to 
                                believe, is likely to engage 
                                after entry in any terrorist 
                                activity (as defined in clause 
                                (iii)), or
          * * * * * * *
    (III) has, under circumstances indicating an intention to 
cause death or serious bodily harm, incited terrorism, engaged 
in targeted racial vilification, or advocated the overthrow of 
the United States Government or death or serious bodily harm to 
any United States citizen or United States Government official,
          * * * * * * *
                          (iii) Engage in terrorist activity 
                        defined.--As used in this Act, the term 
                        ``engage in terrorist activity'' means 
                        to commit, in an individual capacity or 
                        as a member of an organization, an act 
                        of terrorist activity or an act which 
                        the actor knows, or reasonably should 
                        know, affords material support to any 
                        individual, organization, or government 
                        in conducting a terrorist activity at 
                        any time, including any of the 
                        following acts:
                                  (I) The preparation or 
                                planning of a terrorist 
                                activity.
                                  (II) The gathering of 
                                information on potential 
                                targets for terrorist activity.
                                  (III) The providing of any 
                                type of material support, 
                                including a safe house, 
                                transportation, communications, 
                                funds, false documentation or 
                                identification, weapons, 
                                explosives, or training, to any 
                                individual the actor knows or 
                                has reason to believe has 
                                committed or plans to commit a 
                                terrorist activity.
          * * * * * * *
          (6) Illegal entrants and immigration violators.--
                  (A) Aliens previously deported.--Any alien 
                who has been excluded from admission and 
                deported and who again seeks admission within 
                [one year] five years of the date of such 
                deportation, or within 20 years of the date of 
                any second or subsequent deportation, is 
                excludable, unless prior to the alien's 
                reembarkation at a place outside the United 
                States or attempt to be admitted from foreign 
                contiguous territory the Attorney General has 
                consented to the alien's reapplying for 
                admission.
                  (B) Certain aliens previously removed.--Any 
                alien who--
                          (i) has been arrested and deported,
                          (ii) has departed the United States 
                        while an order of deportation is 
                        outstanding,
                          [(ii)] (iii) has fallen into distress 
                        and has been removed pursuant to this 
                        or any prior Act,
                          [(iii)] (iv) has been removed as an 
                        alien enemy, or
                          [(iv)] (v) has been removed at 
                        Government expense in lieu of 
                        deportation pursuant to [section 
                        242(b)], section 242(b)(1) and (a) who 
                        seeks admission within 5 years of the 
                        date of such deportation or removal, 
                        [or] (b) who seeks admission within 20 
                        years in the case of an alien convicted 
                        of an aggravated felony, or (c) who 
                        seeks admission within 20 years of a 
                        second or subsequent deportation or 
                        removal, is excludable, unless before 
                        the date of the alien's embarkation or 
                        reembarkation at a place outside the 
                        United States or attempt to be admitted 
                        from foreign contiguous territory the 
                        Attorney General has consented to the 
                        alien's applying or reapplying for 
                        admission.
                  [(C) Misrepresentation]. (C) Fraud, 
                misrepresentation, and failure to present 
                documents--
                          (i) In general.--Any alien who, by 
                        fraud or willfully misrepresenting a 
                        material fact, seeks to procure (or has 
                        sought to procure or has procured) a 
                        visa, other documentation, or entry 
                        into the United States or other benefit 
                        provided under this Act is excludable.
                          (ii) Waiver authorized.--For 
                        provision authorizing waiver of clause 
                        (i), see subsection (i).
                          (iii) Fraud, misrepresentation, and 
                        failure to present documents.--
                                  (I) Any alien who, in seeking 
                                entry to the United States or 
                                boarding a common carrier for 
                                the purpose of coming to the 
                                United States, presents any 
                                document which, in the 
                                determination of the 
                                immigration officer, is forged, 
                                counterfeit, altered, falsely 
                                made, stolen, or inapplicable 
                                to the person presenting the 
                                document, or otherwise contains 
                                a misrepresentation of a 
                                material fact, is excludable.
                                  (II) any alien who is 
                                required to present a document 
                                relating to the alien's 
                                eligibility to enter the United 
                                States prior to boarding a 
                                common carrier for the purpose 
                                of coming to the United States 
                                and who fails to present such 
                                document to an immigration 
                                officer upon arrival at a port 
                                of entry into the United States 
                                is excludable.
          * * * * * * *
          (8) Ineligible for citizenship.--
                  (A) In general.--Any immigrant who is 
                permanently ineligible to citizenship is 
                excludable.
                  (B) Draft evaders.--Any person who has 
                departed from or who has remained outside the 
                United States to avoid or evade training or 
                service in the armed forces in time of war or a 
                period declared by the President to be a 
                national emergency is excludable, except that 
                this subparagraph shall not apply to an alien 
                who at the time of such departure was a 
                nonimmigrant and who is seeking to reenter the 
                United States as a nonimmigrant.
          (9) Uncertified foreign health-care workers.--(A) Any 
        alien who seeks to enter the United States for the 
        purpose of performing labor as a health-care worker, 
        other than a physician, is excludable unless the alien 
        presents to the consular officer, or, in the case of an 
        adjustment of status, the Attorney General, a 
        certificate from the Commission on Graduates of Foreign 
        Nursing Schools, or a certificate from an equivalent 
        independent credentialing organization approved by the 
        Attorney General in consultation with the Secretary of 
        Health and Human Services, verifying that--
                  (i) the alien's education, training, license, 
                and experience--
                          (I) meet all applicable statutory and 
                        regulatory requirements for entry into 
                        the United States under the 
                        classification specified in the 
                        application;
                          (II) are comparable with that 
                        required for an American health-care 
                        worker of the same type; and
                          (III) are authentic and, in the case 
                        of a license, unencumbered;
                  (ii) the alien has the level of competence in 
                oral and written English considered by the 
                Secretary of Health and Human Services, in 
                consultation with the Secretary of Education, 
                to be appropriate for health care work of the 
                kind in which the alien will be engaged, as 
                shown by an appropriate score on one or more 
                nationally recognized, commercially available, 
                standardized assessments of the applicant's 
                ability to speak and write; and
                  (iii) if a majority of States licensing the 
                profession in which the alien intends to work 
                recognize a test predicting the success on the 
                profession's licensing and certification 
                examination, the alien has passed such a test.
          (B) For purposes of subparagraph (A)(ii), 
        determination of the standardized tests required and of 
        the minimum scores that are appropriate are within the 
        sole discretion of the Secretary of Health and Human 
        Services and are not subject to further administrative 
        or judicial review.
          [(9)] (10) Miscellaneous.--
                  (A) Practicing polygamists.--Any immigrant 
                who is coming to the United States to practice 
                polygamy is excludable.
    [(c) Aliens lawfully admitted for permanent residence who 
temporarily proceeded abroad voluntarily and not under an order 
of deportation, and who are returning to a lawfully 
unrelinquished domicile of seven consecutive years, may be 
admitted in the discretion of the Attorney General without 
regard to the provisions of subsection (a) (other than 
paragraphs (3) and [(9)(C)](10)(C)). Nothing contained in this 
subsection shall limit the authority of the Attorney General to 
exercise the discretion vested in him under section 211(b). The 
first sentence of this subsection shall not apply to an alien 
who has been convicted of one or more aggravated felonies and 
has served for such felony or felonies a term of imprisonment 
of at least 5 years.]
    (c)(1) Subject to paragraphs (2) through (5), an alien who 
is and has been lawfully admitted for permanent residence for 
at least 5 years, who has resided in the United States 
continuously for 7 years after having been lawfully admitted, 
and who is returning to such residence after having temporarily 
proceeded abroad voluntarily and not under an order of 
deportation, may be admitted in the discretion of the Attorney 
General without regard to the provisions of subsection (a) 
(other than paragraphs (3) and (9)(C)).
    (2) For purposes of this subsection, any period of 
continuous residence shall be deemed to end when the alien is 
placed in proceedings to exclude or deport the alien from the 
United States.
    (3) Nothing contained in this subsection shall limit the 
authority of the Attorney General to exercise the discretion 
authorized under section 211(b).
    (4) Paragraph (1) shall not apply to an alien who has been 
convicted of one or more aggravated felonies and has been 
sentenced for such felony or felonies to a term or terms of 
imprisonment totalling, in the aggregate, at least 5 years.
    (5) This subsection shall apply only for an alien in; 
proceedings under 236.
    (d)(1) The Attorney General shall determine whether a 
ground for exclusion exists with respect to nonimmigrant 
described in section 101(a)(15)(S). The Attorney General, in 
the Attorney General's discretion, may waive the application of 
subsection (a) (other than paragraph (3)(E)) in the case of a 
nonimmigrant described in section 101(a)(15)(S), if the 
Attorney General considers it to be in the national interest to 
do so. Nothing in this section shall be regarded as prohibiting 
the Immigration and Naturalization Service from instituting 
deportation proceedings against an alien admitted as a 
nonimmigrant under section 101(a (15)(S) for conduct committed 
after the alien's admission into the United States, or for 
conduct or a condition that was not disclosed to the Attorney 
General prior to the alien's admission as a nonimmigrant under 
section 101(a)(15)(S).
          * * * * * * *
    (5)(A) The Attorney General may, except as provided in 
subparagraph (B) or in section 214(f), in his discretion parole 
into the United States temporarily under such conditions as he 
may prescribe [for emergent reasons or for reasons deemed 
strictly in the public interest] on a case-by-case basis for 
urgent humanitarian reasons or significant public benefit any 
alien applying for admission to the United States, but such 
parole of such alien shall not be regarded as an admission of 
the alien and when the purposes of such parole shall, in the 
opinion of the Attorney General, have been served the alien 
shall forthwith return or be returned to the custody from which 
he was paroled and thereafter his case shall continue to be 
dealt with in the same manner as that of any other applicant 
for admission to the United States.
          * * * * * * *
    (g) The Attorney General may waive the application of--
          (1) subsection (a)(1)(A)(i) in the case of any alien 
        who--
                  (A) is the spouse or the unmarried son or 
                daughter, or the minor unmarried lawfully 
                adopted child, of a United States citizen, or 
                of an alien lawfully admitted for permanent 
                residence, or of an alien who has been issued 
                an immigrant visa, or
                  (B) has a son or daughter who is a United 
                States citizen, or an alien lawfully admitted 
                for permanent residence, or an alien who has 
                been issued an immigrant visa, [or]
          (2) subsection (a)(1)(A)(ii) in the case of any 
        alien, or 
          (3) subsection (a)(1)(A)(iv) in the case of any alien 
        described in that subsection--
                  (A) who receives vaccination against the 
                vaccine-preventable diseases described in that 
                subsection for which the alien cannot present 
                documentation showing that the alien had been 
                vaccinated previously, or
                  (B) for whom a civil surgeon, medical 
                officer, or panel physician (as such terms are 
                defined in section 34.2 of title 42, Code of 
                Federal Regulations) certifies, in accordance 
                with such regulations as the Secretary of 
                Health and Human Services may prescribe, that 
                vaccination against such diseases would not be 
                medically appropriate,
          * * * * * * *
    (p)(1) Any lawfully admitted nonimmigrant who remains in 
the United States for more than 60 days beyond the period 
authorized by the Attorney General shall be ineligible for 
additional nonimmigrant or immigrant visas (other than visas 
available for spouses of United States citizens or aliens 
lawfully admitted for permanent residence) until the date that 
is--
          (A) 3 years after the date the nonimmigrant departs 
        the United States in the case of a nonimmigrant not 
        described in paragraph (2); or
          (B) 5 years after the date the nonimmigrant departs 
        the United States in the case of a nonimmigrant who 
        without reasonable cause fails or refuses to attend or 
        remain in attendance at a proceeding to determine the 
        nonimmigrant's deportability.
    (2)(A) Paragraph (1) shall not apply to any lawfully 
admitted nonimmigrant who is described in paragraph (1)(A) and 
who demonstrates good cause for remaining in the United States 
for the entirety of the period (other than the first 60 days) 
during which the nonimmigrant remained in the United States 
without the authorization of the Attorney General.
    (B) A final order of deportation shall not be stayed on the 
basis of a claim of good cause made under this subsection.
    (3) The Attorney General shall by regulation establish 
procedures necessary to implement this section.
          * * * * * * *

                       admission of nonimmigrants

    Sec. 214. (a)(1) The admission to the United States of any 
alien as a nonimmigrant shall be for such time and under such 
conditions as the Attorney General may by regulations 
prescribe, including when he deems necessary the giving of a 
bond with sufficient surety in such sum and containing such 
conditions as the Attorney General shall prescribe, to insure 
that at the expiration of such time or upon failure to maintain 
the status under which he was admitted, or to maintain any 
status subsequently acquired under section 248, such alien will 
depart from the United States. No alien admitted to Guam 
without a visa pursuant to section 2121(l) may be authorized to 
enter or stay in the United States other than in Guam or to 
remain in Guam for a period exceeding fifteen days from date of 
admission to Guam. No alien admitted to the United States 
without a visa pursuant to section 217 may be authorized to 
remain in the United States as a nonimmigrant visitor for a 
period exceeding 90 days from the date of admission.
          * * * * * * *
    (j)(1) The number of aliens who may be provided a visa as 
nonimmigrants under section 101(a)(15)(S)(i) in any fiscal year 
may not exceed [100] 200. The number of aliens who may be 
provided a visa as nonimmigrants under section 
101(a)(15)(S)(ii) in any fiscal year may not exceed [25] 50.
          * * * * * * *

                 CHAPTER 3--ISSUANCE OF ENTRY DOCUMENTS

          * * * * * * *

                         applications for visas

    Sec. 222. (a) Every alien applying for an immigrant visa 
and for alien registration shall make application therefor in 
such form and manner and at such place as shall be by 
regulations prescribed. In the application the alien shall 
state his full and true name, and any other name which he has 
used or by which he has been known; age and sex; the date and 
place of his birth; and such additional information necessary 
to the identification of the applicant and the enforcement of 
the immigration and nationality laws as may be by regulations 
prescribed.
          * * * * * * *
    (f) The records of the Department of State and of 
diplomatic and consular offices of the United States pertaining 
to the issuance or refusal of visas or permits to enter the 
United States shall be considered confidential and shall be 
used only for the formulation, amendment, administration, or 
enforcement of the immigration, nationality, and other laws of 
the United States, except that in the discretion of the 
Secretary of State certified copies of such records may be made 
available to a court which certifies that the information 
contained in such records is needed by the court in the 
interest of the ends of justice in a case pending before the 
court.
    (g)(1) In the case of an alien who has entered and remained 
in the United States beyond the authorized period of stay, the 
alien's nonimmigrant visa shall thereafter be invalid for 
reentry into the United States.
    (2) An alien described in paragraph (1) shall be ineligible 
to be readmitted to the United States as a nonimmigrant 
subsequent to the expiration of the alien's authorized period 
of stay, except--
          (A) on the basis of a visa issued in a consular 
        office located in the country of the alien's 
        nationality (or, if there is no office in such country, 
        in such other consular office as the Secretary of State 
        shall specify); or
          (B) where extraordinary circumstances are found by 
        the Secretary of State to exist.
          * * * * * * *

         CHAPTER 4--PROVISIONS RELATING TO ENTRY AND EXCLUSION

          * * * * * * *

                   inspection by immigration officers

    Sec. 235. (a) * * *
          * * * * * * *
    [b](b)(1) Every alien (other than an alien crewman), and 
except as otherwise provided in subsection (c) of this section 
and in section 273(d), who may not appear to the examining 
immigration officer at the port of arrival to be clearly and 
beyond a doubt entitled to land shall be detained for further 
inquiry to be conducted by a special inquiry officer. The 
decision of the examining immigration officer, if favorable to 
the admission of any alien, shall be subject to challenge by 
any other immigration officer and such challenge shall operate 
to take the alien, whose privilege to land is so challenged, 
before a special inquiry officer for further inquiry.
    (2) If an alien subject to such further inquiry has arrived 
from a foreign territory contiguous to the United States, 
either at a land port of entry or on the land of the United 
States other than at a designated port of entry, the alien may 
be returned to that territory pending the inquiry.
          * * * * * * *
    (d)(1) Subject to paragraph (2), any alien who has not been 
admitted to the United States, and who is excludable under 
section 212(a)(6)(C)(iii) or who is an alien described in 
paragraph (3), is ineligible for withholding of deportation 
pursuant to section 243(h), and may not apply therefor or for 
any other relief under this Act, except that an alien found to 
have a credible fear of persecution or of return to persecution 
in accordance with section 208(e) shall be taken before a 
special inquiry officer for exclusion proceedings in accordance 
with section 236 and may apply for asylum, withholding of 
deportation, or both, in the course of such proceedings.
    (2) An alien described in paragraph (1) who has been found 
ineligible to apply for asylum under section 208(e) may be 
returned under the provisions of this section only to a country 
in which (or from which) he or she has no credible fear of 
persecution (or of return to persecution). If there is no 
country to which the alien can be returned in accordance with 
the provisions of this paragraph, the alien shall be taken 
before a special inquiry officer for exclusion proceedings in 
accordance with section 236 and may apply for asylum, 
withholding of deportation, or both, in the course of such 
proceedings.
    (3) Any alien who is excludable under section 212(a), and 
who has been brought or escorted under the authority of the 
United States--
    (A) into the United States, having been on board a vessel 
encountered seaward of the territorial sea by officers of the 
United States; or
    (B) to a port of entry, having been on board a vessel 
encountered within the territorial sea or internal waters of 
the United States;
shall either be detained on board the vessel on which such 
person arrived or in such facilities as are designated by the 
Attorney General or paroled in the discretion of the Attorney 
General pursuant to section 212(d)(5) pending accomplishment of 
the purpose for which the person was brought or escorted into 
the United States or to the port of entry, except that no alien 
shall be detained on board a public vessel of the United States 
without the concurrence of the head of the department under 
whose authority the vessel is operating.
    (e)(1) Notwithstanding the provisions of subsection (b) of 
this section and section 236, the Attorney General may, without 
referral to a special inquiry officer or after such a referral, 
order the exclusion and deportation of any alien if--
          (A) the alien appears to an examining immigration 
        officer, or to a special inquiry officer if such 
        referral is made, to be an alien who--
                  (i) has entered the United States without 
                having been inspected and admitted by an 
                immigration officer pursuant to this section, 
                unless such alien affirmatively demonstrates to 
                the satisfaction of such immigration officer or 
                special inquiry officer that he has been 
                physically present in the United States for an 
                uninterrupted period of at least two years 
                since such entry without inspection;
                  (ii) is excludable under section 
                212(a)(6)(iii);
                  (iii) is brought or escorted under the 
                authority of the United States into the United 
                States, having been on board a vessel 
                encountered outside of the territorial waters 
                of the United States by officers of the United 
                States;
                  (iv) is brought or escorted under the 
                authority of the United States to a port of 
                entry, having been on board a vessel 
                encountered within the territorial sea or 
                internal waters of the United States; or
                  (v) has arrived on a vessel transporting 
                aliens to the United States without such alien 
                having received prior official authorization to 
                come to, enter, or reside in the United States; 
                or
          (B) the Attorney General has determined that the 
        numbers or circumstances of aliens en route to or 
        arriving in the United States, by land, sea, or air, 
        present an extraordinary migration situation.
    (2) As used in this section, the phrase ``extraordinary 
migration situation'' means the arrival or imminent arrival in 
the United States or its territorial waters of aliens who by 
their numbers or circumstances substantially exceed the 
capacity for the inspection and examination of such aliens.
    (3)(A) Subject to subparagraph (B), the determination of 
whether there exists an extraordinary migration situation or 
whether to invoke the provisions of paragraph (1)(A) or (B) is 
committed to the sole and exclusive discretion of the Attorney 
General.
    (B) The provisions of this subsection may be invoked under 
paragraph (1)(B) for a period not to exceed 90 days, unless, 
within such 90-day period or an extension thereof authorized by 
this subparagraph, the Attorney General determines, after 
consultation with the Committees on the Judiciary of the Senate 
and the House of Representatives, that an extraordinary 
migration situation continues to warrant such procedures 
remaining in effect for an additional 90-day period.
    (4) When the Attorney General invokes the provisions of 
clause (iii), (iv), or (v) of paragraph (1)(A) or paragraph 
(1)(B), the Attorney General may, pursuant to this section and 
sections 235(e) and 106(f), suspend, in whole or in part, the 
operation of immigration regulations regarding the inspection 
and exclusion of aliens.
    (5) No alien may be ordered specially excluded under 
paragraph (1) if--
          (A) Such alien is eligible to seek, and seeks, asylum 
        under section 208; and
          (B) the Attorney General determines, in the procedure 
        described in section 208(e), that such alien has a 
        credible fear of persecution on account of race, 
        religion, nationality, membership in a particular 
        social group, or political opinion, in the country of 
        such person's nationality, or in the case of a person 
        having no nationality, the country in which such person 
        last habitually resided.
An alien may be returned to a country in which the alien does 
not have a credible fear of persecution and from which the 
alien does not have a credible fear of return to persecution.
    (6) A special exclusion order entered in accordance with 
the provisions of this subsection is not subject to 
administrative review, except that the Attorney General shall 
provide by regulation for prompt review of such an order 
against an applicant who claims under oath, or as permitted 
under penalty of perjury under section 1746 of title 28, United 
States Code, after having been warned of the penalties for 
falsely making such claim under such conditions, to be, and 
appears to be, lawfully admitted for permanent residence.
    (7) A special exclusion order entered in accordance with 
the provisions of this subsection shall have the same effect as 
if the alien had been ordered excluded and deported pursuant to 
section 236, except that judicial review of such an order shall 
be available only under section 106(f).
    (8) Nothing in this subsection may be construed as 
requiring an inquiry before a special inquiry officer in the 
case of an alien crewman.
          * * * * * * *

                          exclusions of aliens

    Sec. 236. (a) A special inquiry officer shall conduct 
proceedings under this section, administer oaths, present and 
receive evidence, issue subpoenas, and interrogate, examine, 
and cross-examine the alien or witnesses. He shall have 
authority in any case to determine whether an arriving alien 
who has been detained for further inquiry under section 235 
shall be allowed to enter or shall be excluded and deported. * 
* *
          * * * * * * *
    (e)(1) Pending a determination of excludability, the 
Attorney General shall take into custody any alien convicted of 
an aggravated felony upon release of the alien (regardless of 
whether or not such release is on parole, supervised release, 
or probation, and regardless of the possibility of rearrest or 
further confinement in respect of the same offense.).
    (2) Notwithstanding any other provision of this section, 
the Attorney General shall not release such felon from custody 
unless (A) the Attorney General determines, pursuant to section 
3521 of title 18, United States Code, that release from custody 
is necessary to provide protection to a witness, a potential 
witness, a person cooperating with an investigation into major 
criminal activity, or an immediate family member or close 
associate of a witness, potential witness, or person 
cooperating with such an investigation, and that after such 
release the alien would not be a threat to the community, or 
(B) the Attorney General determines that the alien may not be 
deported because the condition described in section 243(g) 
exists.
    (f) The Attorney General shall provide by regulation for 
the entry by a special inquiry officer of an order of exclusion 
and deportation stipulated to by the alien and the Service. 
Such an order may be entered without a personal appearance by 
the alien before the special inquiry officer. A stipulated 
order shall constitute a conclusive determination of the 
alien's excludability and deportability from the United States.

immediate deportation of aliens excluded from admission or entering in 
                            violation of law

    Sec. 237. (a)(1) Any alien (other than an alien crewman) 
arriving in the United States who is excluded under this Act, 
shall be immediately deported, in accommodations of the same 
class in which he arrived, unless the Attorney General, in an 
individual case, in his discretion, concludes that immediate 
deportation is not practicable or proper, or unless the alien 
is an excluded stowaway who has applied for asylum or 
withholding of deportation and whose application has not been 
adjudicated or whose application has been denied but who has 
not exhausted every appeal right. [Deportation] Subject to 
section 235(d)(2), deportation shall be to the country in which 
the alien boarded the vessel or aircraft on which he arrived in 
the United States, unless the alien boarded such vessel or 
aircraft in foreign territory contiguous to the United States 
or in any island adjacent thereto or adjacent to the United 
States and the alien is not a native, citizen, subject, or 
national of, or does not have a residence in, such foreign 
contiguous territory or adjacent island, in which case the 
deportation shall instead be to the country in which is located 
the port at which the alien embarked for such foreign 
contiguous territory or adjacent island. The cost of the 
maintenance including detention expenses and expenses incident 
to detention of any such alien while he is being detained, 
shall be borne by the owner or owners of the vessel or aircraft 
on which he arrived, except that the cost of maintenance 
(including detention expenses and expenses incident to 
detention while the alien is being detained prior to the time 
he is offered for deportation to the transportation line which 
brought him to the United States) shall not be assessed against 
the owner or owners of such vessel or aircraft if (A) the alien 
was in possession of a valid, unexpired immigrant visa, or (B) 
the alien (other than an alien crewman) was in possession of a 
valid, unexpired nonimmigrant visa or other document 
authorizing such alien to apply for temporary admission to the 
United States or an unexpired reentry permit issued to him, and 
(i) such application was made within one hundred and twenty 
days of the date of issuance of the visa or other document, or 
in the case of an alien in possession of a reentry permit, 
within one hundred and twenty days of the date on which the 
alien was last examined and admitted by the Service, or (ii) in 
the event the application was made later than one hundred and 
twenty days of the date of issuance of the visa or other 
document or such examination and admission, if the owner or 
owners of such vessel or aircraft established to the 
satisfaction of the Attorney General that the ground of 
exclusion could not have been ascertained by the exercise of 
due diligence prior to the alien's embarkation, or (C) the 
person claimed United States nationality or citizenship and was 
in possession of an unexpired United States passport issued to 
him by competent authority. Any alien stowaway inspected upon 
arrival in the United States is an alien who is excluded within 
the meaning of this section. For purposes of this section, the 
term ``alien'' includes an excluded stowaway. The provisions of 
this section concerning the deportation of an excluded alien 
shall apply to the deportation of a stowaway under section 
273(d).
          * * * * * * *
    (2) [If] Subject to section 235(d)(2), if the government of 
the country designated in paragraph (1) will not accept the 
alien into its territory, the alien's deportation shall be 
directed by the Attorney General, in his discretion and without 
necessarily giving any priority or preference because of their 
order as herein set forth, either to--
          * * * * * * *

              CHAPTER 5--DEPORTATION; ADJUSTMENT OF STATUS

                  general classes of deportable aliens

    Sec. 241. (a) Classes of Deportable Aliens.--Any alien 
(including an alien crewman) in the United States shall, upon 
the order of the Attorney General, be deported if the alien is 
within one or more of the following classes of deportable 
aliens:
          (1) Excludable at time of entry or of adjustment of 
        status or violates status.--
          * * * * * * *
          (2) Criminal offenses.--
                  (A) General crimes.--
                          (i) Crimes of moral turpitude.--Any 
                        alien who--
                                  (I) is convicted of a crime 
                                involving moral turpitude 
                                committed within five years (or 
                                10 years in the case of an 
                                alien provided lawful permanent 
                                resident status under [section 
                                245(i)] )section 245(j)) the 
                                date of entry, and
          * * * * * * *
          [(5) Public charge.--Any alien who, within five years 
        after the date of entry, has become a public charge 
        from causes not affirmatively shown to have arisen 
        since entry is deportable.
    [(b) An alien, admitted as an nonimmigrant under the 
provisions of either section 101(a)(15)(A)(i) or 
101(a)(15)(G)(i), and who fails to maintain a status under 
either of those provisions, shall not be required to depart 
from the United States without the approval of the Secretary of 
State, unless such alien is subject to deportation under 
paragraph (4) of subsection (a).
    [(c) Paragraphs (1)(A), (1)(B), (1)(C), (1)(D), and (3)(A) 
of subsection (a) (other than so much of paragraph (1) as 
relates to a ground of exclusion described in paragraph (2) or 
(3) of section 212(a)) shall not apply to a special immigrant 
described in section 101(a)(27)(J) based upon circumstances 
that existed before the date the alien was provided such 
special immigrant status.]
          (5) Public charge.--
                  (A) In general.--Any alien who during the 
                public charge period becomes a public charge, 
                regardless of when the cause for becoming a 
                public charge arises is deportable.
                  (B) Exceptions.--Subparagraph (A) shall not 
                apply if the alien is a refugee or has been 
                granted asylum, or if--
                          (i) the cause of the alien's becoming 
                        a public charge arose after entry (in 
                        the case of an alien who entered as an 
                        immigrant) or after adjustment to 
                        lawful permanent resident status (in 
                        the case of an alien who entered as a 
                        nonimmigrant), and
                          (ii) was a physical illness, or 
                        physical injury, so serious the alien 
                        could not work at any job, or a mental 
                        disability that required continuous 
                        hospitalization.
                  (C) Definitions.--
                          (i) Public charge period.--For 
                        purposes of subparagraph (A), the term 
                        ``public charge period'' means the 
                        period beginning on the date the alien 
                        entered the United States and ending--
                                  (I) for an alien who entered 
                                the United States as an 
                                immigrant, 5 years after entry, 
                                or
                                  (II) for an alien who entered 
                                the United States as a 
                                nonimmigrant, 5 years after the 
                                alien adjusted to permanent 
                                resident status.
                          (ii) Public charge.--For purposes of 
                        subparagraph (A), the term ``public 
                        charge'' includes any alien who 
                        receives benefits under any program 
                        described in subparagraph (D) for an 
                        aggregate period of more than 12 
                        months.
                  (D) Programs described.--The programs 
                described in this subparagraph are the 
                following:
                          (i) The aid to families with 
                        dependent children program under title 
                        IV of the Social Security Act.
                          (ii) The medicaid program under title 
                        XIX of the Social Security Act.
                          (iii) The food stamp program under 
                        the Food Stamp Act of 1977.
                          (iv) The supplemental security income 
                        program under title XVI of the Social 
                        Security Act.
                          (v) Any State general assistance 
                        program.
                          (vi) Any other program of assistance 
                        funded, in whole or in part, by the 
                        Federal Government or any State or 
                        local government entity, for which 
                        eligibility for benefits is based on 
                        need, except the programs listed as 
                        exceptions in clauses (i) through (vi) 
                        of section 201(a)(1) of the Immigration 
                        Reform Act of 1996.

                 apprehension and deportation of aliens

    Sec. 242. [8 U.S.C. 1252] (a)(1) Pending a determination of 
deportability in the case of any alien as provided in 
[subsection (b)] subsection (b)(1) of this section, such alien 
may, upon warrant of the Attorney General, be arrested and 
taken into custody. * * *
          * * * * * * *
    [(2)(A) The Attorney General shall take into custody any 
alien convicted of an aggravated felony upon release of the 
alien (regardless of whether or not such release is on parole, 
supervised release, or probation, and regardless of the 
possibility of rearrest or further confinement in respect of 
the same offense). Notwithstanding paragraph (1) or subsections 
(c) and (d) but subject to subparagraph (B), the Attorney 
General shall not release such felon from custody.
    [(B) The Attorney General may not release from custody any 
lawfully admitted alien who has been convicted of an aggravated 
felony, either before or after a determination of 
deportability, unless the alien demonstrates to the 
satisfaction of the Attorney General that such alien is not a 
threat to be community and that the alien is likely to appear 
before any scheduled hearings.]
    (2)(A) The Attorney General shall take into custody any 
specially deportable criminal alien upon release of the alien 
from incarceration and shall deport the alien as expeditiously 
as possible. Notwithstanding any other provision of law, the 
Attorney General shall not release such felon from custody.
    (B) The Attorney General shall have sole and unreviewable 
discretion to waive subparagraph (A) fro aliens who are 
cooperating with law enforcement authorities or for purposes of 
national security.
          * * * * * * *
[Except as provided in section 242A(d), the procedure so 
prescribed shall be the sole and exclusive procedure for 
determining the deportability of an alien under this section.]
          (2) The Attorney General shall further provide by 
        regulation for the entry by a special inquiry officer 
        of an order of deportation stipulated to by the alien 
        and the Service. Such an order may be entered without a 
        personal appearance by the alien before the special 
        inquiry officer. A stipulated order shall constitute a 
        conclusive determination of the alien's deportability 
        from the United States.
          (3) The procedures prescribed in this subsection and 
        in section 242A(c) shall be the sole and exclusive 
        procedures for determining the deportability of an 
        alien.
    (b)(1) A special inquiry officer shall conduct proceedings 
under this section to determine the deportability of any alien, 
and shall administer oaths, present and receive evidence issue 
subpoenas, interrogate, examine, and cross-examine the alien or 
witnesses, and as authorized by the Attorney General, shall 
make determinations, including orders of deportation. 
Determination of deportability in any case shall be made only 
upon a record made in a proceeding before a special inquiry 
officer, at which the alien shall have reasonable opportunity 
to be present, unless by reason of the alien's mental 
incompetency it is impracticable for him to be present, in 
which case the Attorney General shall prescribe necessary and 
proper safeguards for the rights and privileges of such alien. 
If any alien has been given a reasonable opportunity to be 
present at a proceeding under this section, and without 
reasonable cause fails or refuses to attend or remain in 
attendance at such proceeding, the special inquiry officer may 
proceed to a determination in like manner as if the alien were 
present. In any case or class of cases in which the Attorney 
General believes that such procedure would be of aid in making 
a determination, he may require specifically or by regulation 
that an additional immigration officer shall be assigned to 
present the evidence on behalf of the United States and in such 
case additional immigration officer shall have authority to 
present evidence, and to interrogate, examine and cross-examine 
the alien or other witnesses in the proceedings. Nothing in the 
preceding sentence shall be construed to diminish the authority 
conferred upon the special inquiry officer conducting such 
proceedings. No special inquiry officer shall conduct a 
proceeding in any case under this section in which he shall 
have participated in investigative functions or in which he 
shall have participated (except as provided in this subsection) 
in prosecuting functions. [Proceedings before a special inquiry 
officer acting under the provisions of this section shall be in 
accordance with such regulations, not inconsistent with this 
Act, as the Attorney General shall prescribe. Such regulations 
shall include requirements that are consistent with section 
242B and that provide that--]
          [(1)] (A) the alien shall be given notice, reasonable 
        under all the circumstances, of the nature of the 
        charges against him and of the time and place at which 
        the proceedings will be held,
          [(2)] (B) the alien shall have the privilege of being 
        represented (at no expense to the Government) by such 
        counsel, authorized to practice in such proceedings, as 
        he shall choose.
          [(3)] (C) the alien shall have a reasonable 
        opportunity to examine the evidence against him, to 
        present on his own behalf, and to cross-examine 
        witnesses presented by the Government, and
          [(4)] (D) no decision of deportability shall be valid 
        unless it is based upon reasonable, substantial, and 
        probative evidence.
    (4) In any case in which an alien is ordered deported from 
the United States under the provisions of this Act, or of any 
other law or treaty, the decision of the Attorney General shall 
be final.
    (5) In the discretion of the Attorney General, and under 
such regulations as he may prescribe, deportation proceedings, 
including issuance of a warrant of arrest, and a finding of 
deportability under this section need not be required in the 
case of any alien who admits to belonging to a class of aliens 
who are deportable under section 241 if such alien voluntarily 
departs from the United States at his own expense, or is 
removed at Government expense as hereinafter authorized, unless 
the Attorney General has reason to believe that such alien is 
deportable under paragraph (2), (3) or (4) of section 241(a). 
If any alien who is authorized to depart voluntarily under the 
preceding sentence is financially unable to depart at his own 
expense and the Attorney General deems his removal to be in the 
best interest of the United States, the expense of such removal 
may be paid from the appropriation for the enforcement of this 
Act. Nothing in this subsection precludes the Attorney General 
from authorizing proceedings by video electronic media, by 
telephone, or, where a requirement for the alien's appearance 
is waived or the alien's absence is agreed to by the parties, 
in the absence of the alien. Contested full evidentiary 
hearings on the merits may be conducted by telephone only with 
the consent of the alien.
    [(c)] (c) (1) (other than an alien described in paragraph 
(2)) When a final order of deportation under administrative 
processes is made against any alien, the Attorney General shall 
have a period of six months from the date of such order, or, if 
judicial review is had, then from the date of the final order 
of the court, within which to effect the alien's departure from 
the United States, during which period, at the Attorney 
General's discretion, the alien may be detained, released on 
bond in an amount and containing such conditions as the 
Attorney General may prescribe, or released on such other 
conditions as the Attorney General may prescribe. * * *
    (2)(A) When a final order of deportation is made against 
any specially deportable criminal alien, the Attorney General 
shall have a period of 30 days from the later of--
          (i) the date of such order, or
          (ii) the alien's release from incarceration, within 
        which to effect the alien's departure from the United 
        States.
    (B) The Attorney General shall have sole and unreviewable 
discretion to waive subparagraph (A) for aliens who are 
cooperating with law enforcement authorities or for purposes of 
national security.
    (3) Nothing in this subsection shall be construed as 
providing a right enforceable by or on behalf of any alien to 
be released from custody or to challenge the alien's 
deportation.
          * * * * * * *
    (f) (1) Should the Attorney General find that any alien has 
unlawfully reentered the United States after having previously 
departed or been deported pursuant to an order of deportation, 
whether before or after the date of enactment of this Act, on 
any ground described in any of the paragraphs enumerated in 
subsection (e), the previous order of deportation shall be 
deemed to be reinstated from its original date and such alien 
shall be deported under such previous order at any time 
subsequent to such reentry. For the purposes of subsection (e) 
the date on which the finding is made that such reinstatement 
is appropriate shall be deemed the date of the final order of 
deportation.
    (2) Any alien who has unlawfully reentered or is found in 
the United States after having previously been deported 
subsequent to a conviction for any criminal offense covered in 
section 241(a)(2) (A)(iii), (B), (C), or (D), or two or more 
offenses described in clause (ii) of section 241(a)(2)(A), at 
least two of which resulted in a sentence or confinement 
described in section 241(a)(2)(A)(i)(II), shall, in addition to 
the punishment provided for any other crime, be punished by 
imprisonment of not less than 15 years.
          * * * * * * *
    (k) For purposes of this section, the term ``specially 
deportable criminal alien'' means any alien convicted of an 
offense described in subparagraph (A)(iii), (B), (C), or (D) of 
section 241(a)(2), or two or more offenses described in section 
241(a)(2)(A)(ii), at least two of which resulted in a sentence 
or confinement described in section 241(a)(2)(A)(i)(II).

  expedited deportation of aliens convicted of committing aggravated 
                                felonies

    Sec. 242A. (a) Deportation of Criminal Aliens.--
          * * * * * * *
    (b) Deportation of Aliens Who Are Not Permanent 
Residents.--
          (1) The Attorney General may, in the case of an alien 
        described in paragraph (2), determine the deportability 
        of such alien under section 241(a)(2)(A)(iii) (relating 
        to conviction of an aggravated felony) and issue an 
        order of deportation pursuant to the procedures set 
        forth in this subsection or [section 242(b)] section 
        242(b)(1).
    [(d)] (c) Judicial Deportation.--
        [(1) Authority.--Notwithstanding any other provision of 
        this Act, a United States district court shall have 
        jurisdiction to enter a judicial order of deportation 
        at the time of sentencing against an alien whose 
        criminal conviction causes such alien to be deportable 
        under section 241(a)(2)(A), if such an order has been 
        requested by the United States Attorney with the 
        concurrence of the Commissioner and if the court 
        chooses to exercise such jurisdiction.]
          (1) Authority.--Notwithstanding any other provision 
        of this Act, a United States district court shall have 
        jurisdiction to enter a judicial order of deportation 
        at the time of sentencing against an alien--
                  (A) whose criminal conviction causes such 
                alien to be deportable under section 
                241(a)(2)(A)(iii) (relating to conviction of an 
                aggravated felony);
                  (B) who has at any time been convicted of a 
                violation of section 276 (a) or (b) (relating 
                to reentry of a deported alien);
                  (C) who has at any time been convicted of a 
                violation of section 275 (relating to entry of 
                an alien at an improper time or place and to 
                misrepresentation and concealment of facts); or
                  (D) who is otherwise deportable pursuant to 
                any of the paragraphs (1) through (5) of 
                section 241(a).
        A United States Magistrate shall have jurisdiction to 
        enter a judicial order of deportation at the time of 
        sentencing where the alien has been convicted of a 
        misdemeanor offense and the alien is deportable under 
        this Act.
          (2) Procedure.--
                  (A) The United States Attorney shall file 
                with the United States district court, and 
                serve upon the defendant and the Service, prior 
                to commencement of the trial or entry of a 
                guilty plea a notice of intent to request 
                judicial deportation.
          * * * * * * *
                  (D)(i) The alien shall have a reasonable 
                opportunity to examine the evidence against him 
                or her, to present evidence on his or her own 
                behalf, and to cross-examine witnesses 
                presented by the Government.
                  (ii) The court, for the purposes of 
                determining whether to enter an order described 
                in paragraph (1), shall only consider evidence 
                that would be admissible in proceedings 
                conducted pursuant to [section 242(b)] section 
                242(b)(1).
          (4) Denial of judicial order.--Denial [without a 
        decision on the merits] of a request for a judicial 
        order of deportation shall not preclude the Attorney 
        General from initiating deportation proceedings 
        pursuant to section 242 upon the same ground of 
        deportability or upon any other ground of deportability 
        provided under section 241(a).
          (5) State court finding of deportability.--(A) On 
        motion of the prosecution or on the court's own motion, 
        any State court with jurisdiction to enter judgments in 
        criminal cases is authorized to make a finding that the 
        defendant is deportable as a specially deportable 
        criminal alien (as defined in section 242(k)).
          (B) The finding of deportability under subparagraph 
        (A), when incorporated in a final judgment of 
        conviction, shall for all purposes be conclusive on the 
        alien and may not be reexamined by any agency or court, 
        whether by habeas corpus or otherwise. The court shall 
        notify the Attorney General of any finding of 
        deportability.
          (6) Stipulated judicial order of deportation.--The 
        United States Attorney, with the concurrence of the 
        Commissioner, may, pursuant to Federal Rule of Criminal 
        Procedure 11, enter into a plea agreement which calls 
        for the alien, who is deportable under this Act, to 
        waive the right to notice and a hearing under this 
        section, and stipulate to the entry of a judicial order 
        of deportation from the United States as a condition of 
        the plea agreement or as a condition of probation or 
        supervised release, or both. The United States District 
        Court, in both felony and misdemeanor cases, and the 
        United States Magistrate Court in misdemeanors cases, 
        may accept such a stipulation and shall have 
        jurisdiction to enter a judicial order of deportation 
        pursuant to the terms of such stipulation.

                         deportation procedures

    Sec. 242B. (a) Notices.--
          (1) Order to show cause.--* * *
          * * * * * * *
          (3) Form of information.--Each order to show cause or 
        other notice [under this subsection--
                  [(A) shall be in English and Spanish, and
                  [(B) shall specify that the alien may be 
                represented by an attorney in deportation 
                proceedings under section 242 and will be 
                provided, in accordance with subsection (b)(1), 
                a period of time in order to obtain counsel and 
                a current list described in subsection (b)(2).] 
                under this subsection.
          * * * * * * *
    (b) Securing of Counsel.--
          (1) In general.--In order that an alien be permitted 
        the opportunity to secure counsel before the first 
        hearing date in proceedings under section 242, the 
        hearing date shall not be scheduled earlier than 14 
        days after the service of the order to show cause, 
        unless the alien requests in writing an earlier hearing 
        date, except that a hearing may be scheduled as early 
        as 3 days after the service of the order to show cause 
        if the alien has been continued in custody subject to 
        section 242.
          * * * * * * *
          (3) Rule of construction.--Nothing in this subsection 
        may be construed to prevent the Attorney General from 
        proceeding against an alien pursuant to section 242 if 
        the time period described in paragraph (1) has elapsed 
        and the alien has failed to secure counsel.
          * * * * * * *
    (c) Consequences of Failure to Appear.--
          (1) In general.--Any alien who, after written notice 
        required under subsection (a)(2) has been provided to 
        the alien or the alien's counsel of record, does not 
        attend a proceeding under section 242, shall be ordered 
        deported under [section 242(b)(1)] section 242(b)(1)(A) 
        in absentia if the Service establishes by clear, 
        unequivocal, and convincing evidence that the written 
        notice was so provided and that the alien is 
        deportable. The written notice by the Attorney General 
        shall be considered sufficient for purposes of this 
        paragraph if provided at the most recent address 
        provided under subsection (a)(1)(F).
          * * * * * * *
          (3) Rescission of order.--Such an order may be 
        rescinded only--
                  (A) upon a motion to reopen filed within 180 
                days after the date of the order of deportation 
                if the alien demonstrates that the failure to 
                appear was because of exceptional circumstances 
                (as defined in subsection (f)(2)), or
                  (B) upon a motion to reopen filed at any time 
                if the alien demonstrates that the alien did 
                not receive notice in accordance with 
                subsection (a)(2) or the alien demonstrates 
                that the alien was in Federal or State custody 
                and did not appear through no fault of the 
                alien[.], by the special inquiry officer, but 
                there shall be no stay pending further 
                administrative or judicial review, unless 
                ordered because of individually compelling 
                circumstances.
        The filing of the motion to reopen described in 
        subparagraph (A) or (B) shall stay the deportation of 
        the alien pending disposition of the motion.
          * * * * * * *
    (e) Limitation on Discretionary Relief for Failure To 
Appear--
          (1) At deportation proceedings.--Any alien against 
        whom a final order of deportation is entered in 
        absentia under this section and who, at the time of the 
        notice described in subsection (a)(2), was provided 
        oral notice, either in the alien's native language or 
        in another language the alien understands, of the time 
        and place of the proceedings and of the consequences 
        under this paragraph of failing, other than because of 
        exceptional circumstances (as defined in subsection 
        (f)(2)) to attend a proceeding under section 242, shall 
        not be eligible for relief described in paragraph (5) 
        for a period of 5 years after the date of the entry of 
        the final order of deportation
          (2) Voluntary departure.--
                  (A) In general.--Subject to subparagraph (B), 
                any alien allowed to depart involuntarily under 
                section 244(e)(1) section 244(e) or who has 
                agreed to depart voluntarily at his own expense 
                under [section 242(b)(1)] section 242(b)(5) who 
                remains in the United States after the 
                scheduled date of departure, other than because 
                of exceptional circumstances, shall not be 
                eligible for relief described in paragraph (5) 
                for a period of 5 years after the scheduled 
                date of departure or the date of unlawful 
                reentry, respectively.
          * * * * * * *
          (5) Relief covered.--The relief described in this 
        paragraph is--
                  (A) voluntary departure under [section 
                242(b)(1)] section 242(b)(5),
                  (B) [suspension of deportation]cancellation 
                of deportation or voluntary departure under 
                section 244, and
                  (C) adjustment or change of status under 
                section 244,  245, 248 or 249.
          * * * * * * *

    countries to which aliens shall be deported; cost of deportation

    Sec. 243. (a) The deportation of an alien in the United 
States provided for in this Act, or any other Act or treaty, 
shall be directed by the Attorney General to a country promptly 
designated by the alien if that country is willing to accept 
him into its territory, unless the Attorney General, in his 
discretion, concludes that deportation to such country would be 
prejudicial to the interests of the United States. * * *
          * * * * * * *
    [(g) Upon the notification by the Attorney General that any 
country upon request denies or unduly delays acceptance of the 
return of any alien who is a national, citizen, subject, or 
resident thereof, the Secretary of State shall instruct 
consular officers performing their duties in the territory of 
such country to discontinue the issuance of immigrant visas to 
nationals, citizens, subjects, or residents of such country, 
until such time as the Attorney General shall inform the 
Secretary of State that such country has accepted such alien.]
    (g)(1) If the Attorney General determines that any country 
upon request denies or unduly delays acceptance of the return 
of any alien who is a national, citizen, subject, or resident 
thereof, the Attorney General shall notify the Secretary of 
such fact, and thereafter, subject to paragraph (2), neither 
the Secretary of State nor any consular officer shall issue an 
immigrant or nonimmigrant visa to any national, citizen, 
subject, or resident of such country.
    (2) The Secretary of State may waive the application of 
paragraph (1) if the Secretary determines that such a waiver is 
necessary to comply with the terms of a treaty or international 
agreement or is in the national interest of the United States.
          * * * * * * *
    (h)(1) The Attorney General shall not deport or return any 
alien (other than an alien described in section 
241(a)(4)(D)\162\) to a country if the Attorney General 
determines that such alien's life or freedom would be 
threatened in such country on account of race, religion, 
nationality, membership in a particular social group, or 
political opinion.
          * * * * * * *
    (3) The Attorney General may refrain from deporting any 
alien if the Attorney General determines that--
          (A) such alien's life or freedom would be threatened, 
        in the country to which such alien would be deported or 
        returned, on account of race, religion, nationality, 
        membership in a particular social group, or political 
        opinion, and
          (B) Deporting such alien would violate the 1967 
        United Nations Protocol relating to the Status of 
        Refugees.
[For purposes of subparagraph (B), an alien who has been 
convicted of an aggravated felony shall be considered to have 
committed a particularly serious crime.]
For purposes of subparagraph (B), an alien shall be considered 
to have committed a particularly serious crime if such alien 
has been convicted of one or more of the following:
          (1) An aggravated felony, or attempt or conspiracy to 
        commit an aggravated felony, for which the term of 
        imprisonment imposed (regardless of any suspension of 
        imprisonment) is at least one year.
          (2) An offense described in subparagraph (A), (B), 
        (C), (E), (H), (I), (J), (L), or subparagraph (K)(ii), 
        of section 101(a)(43), or an attempt or conspiracy to 
        commit an offense described in one or more of such 
        subparagraphs.

            [suspension of deportation; voluntary departure

    [Sec. 244. (a) As hereinafter prescribed in this section, 
the Attorney General may, in his discretion, suspend 
deportation and adjust the status to that of an alien lawfully 
admitted for permanent residence, in the case of an alien 
(other than an alien described in section 241(a)(4)(D)) who 
applies to the Attorney General for suspension of deportation 
and--
          [(1) is deportable under any law of the United States 
        except the provisions specified in paragraph (2) of 
        this subsection; has been physically present in the 
        United States for a continuous period of not less than 
        seven years immediately preceding the date of such 
        application, and proves that during all of such period 
        he was and is a person of good moral character; and is 
        a person whose deportation would, in the opinion of the 
        Attorney General, result in extreme hardship to the 
        alien or to his spouse, parent, or child, who is a 
        citizen of the United States or an alien lawfully 
        admitted for permanent residence;
          [(2) is deportable under paragraph (2), (3), or (4) 
        of section 241(a); has been physically present in the 
        United States for a continuous period of not less than 
        10 years immediately following the commission of an 
        act, or the assumption of a status, constituting a 
        ground for deportation, and proves that during all of 
        such period he has been and is a person of good moral 
        character; and is a person whose deportation would, in 
        the opinion of the Attorney General, result in 
        exceptional and extremely unusual hardship to the alien 
        or to his spouse, parent, or child, who is a citizen of 
        the United States or an alien lawfully admitted for 
        permanent residence; or
          [(3) is deportable under any law of the United States 
        except section 241(a)(1)(G) and the provisions 
        specified in paragraph (2); has been physically present 
        in the United States for a continuous period of not 
        less than 3 years immediately preceding the date of 
        such application; has been battered or subjected to 
        extreme cruelty in the United States by a spouse or 
        parent who is a United States citizen or lawful 
        permanent resident (or is the parent of a child of a 
        United States citizen or lawful permanent resident and 
        the child has been battered or subjected to extreme 
        cruelty in the United States by such citizen or 
        permanent resident parent); and proves that during all 
        of such time in the United States the alien was and is 
        a person of good moral character; and is a person whose 
        deportation would, in the opinion of the Attorney 
        General, result in extreme hardship to the alien or the 
        alien's parent or child.
    [(b)(1) The requirement of continuous physical presence in 
the United States specified in paragraphs (1) and (2) of 
subsection (a) of this section shall not be applicable to an 
alien who (A) has served for a minimum period of twenty-four 
months in an active-duty status in the Armed Forces of the 
United States and, if separated from such service, was 
separated under honorable conditions, and (B) at the time of 
his enlistment or induction was in the United States.
    [(2) An alien shall be considered to have failed to 
maintain continuous physical presence in the United States 
under paragraphs (1) and (2) of subsection (a) if the absence 
from the United States was brief, casual, and innocent and did 
not meaningfully interrupt the continuous physical presence.
    [(c) Upon application by any alien who is found by the 
Attorney General to meet the requirements of subsection (a) of 
this section the Attorney General may in his discretion suspend 
deportation of such alien. No person who has been convicted of 
an aggravated felony shall be eligible for relief under this 
subsection.
    [(d) Upon the cancellation of deportation in the case of 
any alien under this section, the Attorney General shall record 
the alien's lawful admission for permanent residence as of the 
date the cancellation of deportation of such alien is made.
    [(e)(1) Except as provided in paragraph (2), the Attorney 
General may, in his discretion, permit any alien under 
deportation proceedings, other than an alien within the 
provisions of paragraph (2), (3), or (4) of section 241(a) (and 
also any alien within the purview of such paragraphs if he is 
also within the provisions of paragraph (2) of subsection (a) 
of this section), to depart voluntarily from the United States 
at his own expense in lieu of deportation if such alien shall 
establish to the satisfaction of the Attorney General that he 
is, and has been, a person of good moral character for at least 
five years immediately preceding his application for voluntary 
departure under this subsection.
    [(2) The authority contained in paragraph (1) shall not 
apply to any alien who is deportable because of a conviction 
for an aggravated felony.
    [(f) The provisions of subsection (a) shall not apply to an 
alien who--
          [(1) entered the United States as a crewman 
        subsequent to June 30, 1964;
          [(2) was admitted to the United States as a 
        nonimmigrant exchange alien as defined in section 
        101(a)(15)(J), or has acquired the status of such a 
        nonimmigrant exchange alien after admission, in order 
        to receive graduate medical education, or training, 
        regardless of whether or not the alien is subject to or 
        has fulfilled the two-year foreign residence 
        requirement of section 212(e); or
          [(3)(A) was admitted to the United States as a 
        nonimmigrant exchange alien as defined in section 
        101(a)(15)(J) or has acquired the status of such a 
        nonimmigrant exchange alien after admission other than 
        to receive graduate medical education or training, (B) 
        is subject to the two-year foreign residence 
        requirement of section 212(e), and (C) has not 
        fulfilled that requirement or received a waiver 
        thereof.
    [(g) In acting on applicants under subsection (a)(3), the 
Attorney General shall consider any credible evidence relevant 
to the application. The determination of what evidence is 
credible and the weight to be given that evidence shall be 
within the sole discretion of the Attorney General.]


 cancellation of deportation; adjustment of status; voluntary departure


    Sec. 244 (a) Cancellation of Deportation.--(1) The Attorney 
General may, in the Attorney General's discretion, cancel 
deportation in the case of an alien who is deportable from the 
United States and--
          (A) is, and has been for at least 5 years, a lawful 
        permanent resident; has resided in the United States 
        continuously for not less than 7 years after being 
        lawfully admitted; and has not been convicted of an 
        aggravated felony or felonies for which the alien has 
        been sentenced to a term or terms of imprisonment 
        totaling, in the aggregate, at least 5 years;
          (B) has been physically present in the United States 
        for a continuous period of not less than 7 years since 
        entering the United States; has been a person of good 
        moral character during such period; and establishes 
        that deportation would result in extreme hardship to 
        the alien or the alien's spouse, parent, or child, who 
        is a citizen or national of the United States or an 
        alien lawfully admitted for permanent residence;
          (C) has been physically present in the United States 
        for a continuous period of not less than three years 
        since entering the United States; has been battered or 
        subjected to extreme cruelty in the United States by a 
        spouse or parent who is a United States citizen or 
        lawful permanent resident (or is the parent of a child 
        who is a United States citizen or lawful permanent 
        resident and the child has been battered or subjected 
        to extreme cruelty in the United States by such citizen 
        or permanent resident parent); has been a person of 
        good moral character during all of such period in the 
        United States; and establishes that deportation would 
        result in extreme hardship to the alien or the alien's 
        parent or child; or
          (D) is deportable under paragraph (2) (A), (B), or 
        (D), or paragraph (3) of section 241(a); has been 
        physically present in the United States for a 
        continuous period of not less than 10 years immediately 
        following the commission of an act, or the assumption 
        of a status, constituting a ground for deportation, and 
        proves that during all of such period he has been a 
        person of good moral character; and is a person whose 
        deportation would, in the opinion of the Attorney 
        General, result in exceptional and extremely unusual 
        hardship to the alien or to his spouse, parent, or 
        child, who is a citizen of the United States or an 
        alien lawfully admitted for permanent residence.
    (2)(A) For purposes of paragraph (1), any period of 
continuous residence or continuous physical presence in the 
United States shall be deemed to end when the alien is served 
an order to show cause pursuant to section 242 or 242B.
    (B) An alien shall be considered to have failed to maintain 
continuous physical presence in the United States under 
paragraph (1) (B), (C), or (D) if the alien was absent from the 
United States for any single period of more than 90 days or an 
aggregate period of more than 180 days.
    (C) A person who is deportable under section 241(a)(2)(C) 
or 241(a)(4) shall not be eligible for relief under this 
section.
    (D) A person who is deportable under section 241(a)(2) (A), 
(B), or (D) or section 241(a)(3) shall not be eligible for 
relief under paragraph (1) (A), (B), or (C).
    (E) A person who has been convicted of an aggravated felony 
shall not be eligible for relief under paragraph (1) (B), or 
(C), (D).
    (F) A person who is deportable under section 241(a)(1)(G) 
shall not be eligible for relief under paragraph (1)(C).
    (b) Continuous Physical Presence Not Required Because of 
Honorable Service in Armed Forces and Presence Upon Entry Into 
Service.--The requirements of continuous residence or 
continuous physical presence in the United States specified in 
subsection (a)(1) (A) and (B) shall not be applicable to an 
alien who--
          (1) has served for a minimum period of 24 months in 
        an active-duty status in the Armed Forces of the United 
        States and, if separated from such service, was 
        separated under honorable conditions, and
          (2) at the time of his or her enlistment or 
        induction, was in the United States.
    (c) Adjustment of Status.--The Attorney General may cancel 
deportation and adjust to the status of an alien lawfully 
admitted for permanent residence any alien who the Attorney 
General determines meets the requirements of subsection (a)(1) 
(B), (C), or (D). The Attorney General shall record the alien's 
lawful admission for permanent residence as of the date the 
Attorney General decides to cancel such alien's removal.
    (d) Alien Crewmen; Nonimmigrant Exchange Aliens admitted To 
Receive Graduate Medical Education or Training; Other.--The 
provisions of subsection (a) shall not apply to an alien who--
          (1) entered the United States as a crewman after June 
        30, 1964;
          (2) was admitted to the United States as a 
        nonimmigrant alien described in section 101(a)(15)(J), 
        or has acquired the status of such a nonimmigrant alien 
        after admission, in order to receive graduate medical 
        education or training, without regard to whether or not 
        the alien is subject to or has fulfilled the two-year 
        foreign residence requirement of section 212(e); or
          (3)(A) was admitted to the United States as a 
        nonimmigrant alien described in section 101(a)(15)(J), 
        or has acquired the status of such a nonimmigrant alien 
        after admission, other than to receive graduate medical 
        education or training;
          (B) is subject to the two-year foreign residence 
        requirement of section 212(e); and
          (C) has not fulfilled that requirement or received a 
        waiver thereof, or, in the case of a foreign medical 
        graduate who has received a waiver pursuant to section 
        220 of the Immigration and Nationality Technical 
        Corrections Act of 1994 (Public Law 103-416), has not 
        fulfilled the requirements of section 214(k).
    (e) Voluntary Departure.--(1)(A) The Attorney General may 
permit an alien voluntarily to depart the United States at the 
alien's own expense--
          (i) in lieu of being subject to deportation 
        proceedings under section 242 or prior to the 
        completion of such proceedings, if the alien is not a 
        person deportable under section 241(a)(2)(A)(iii) or 
        section 241(a)(4); or
          (ii) after the completion of deportation proceedings 
        under section 242, only if a special inquiry officer 
        determines that--
                  (I) the alien is, and has been for at least 5 
                years immediately preceding the alien's 
                application for voluntary departure, a person 
                of good moral character;
                  (II) the alien is not deportable under 
                section 241(a)(2)(A)(iii) or section 241(a)(4); 
                and
                  (III) the alien establishes by clear and 
                convincing evidence that the alien has the 
                means to depart the United States and intends 
                to do so.
    (B)(i) In the case of departure pursuant to subparagraph 
(A)(i), the Attorney General may require the alien to post a 
voluntary departure bond, to be surrendered upon proof that the 
alien has departed the United States within the time specified.
    (ii) If any alien who is authorized to depart voluntarily 
under this paragraph is financially unable to depart at the 
alien's own expense and the Attorney General deems the alien's 
removal to be in the best interest of the United States, the 
expense of such removal may be paid from the appropriation for 
enforcement of this Act.
    (C) In the case of departure pursuant to subparagraph 
(A)(ii), the alien shall be required to post a voluntary 
departure bond, in an amount necessary to ensure that the alien 
will depart, to be surrendered upon proof that the alien has 
departed the United States within the time specified.
    (2) If the alien fails voluntarily to depart the United 
States within the time period specified in accordance with 
paragraph (1), the alien shall be subject to a civil penalty of 
not more than $500 per day and shall be ineligible for any 
further relief under this subsection or subsection (a).
    (3)(A) The Attorney General may by regulation limit 
eligibility for voluntary departure for any class or classes of 
aliens.
    (B) No court may review any regulation issued under 
subparagraph (A).
    (4) No court shall have jurisdiction over an appeal from 
denial of a request for an order of voluntary departure under 
paragraph (1), nor shall any court order a stay of an alien's 
removal pending consideration of any claim with respect to 
voluntary departure.

  adjustment of status of nonimmigrant to that of person admitted for 
                          permanent residence

    Sec. 245. (a) * * *
          * * * * * * *
    (c) Subsection (a) shall not be applicable to (1) an alien 
crewman; (2) an alien (other than an immediate relative as 
defined in section 201(b) or a special immigrant described in 
section 101(a)(27)(H), (I), (J), or (K)) who hereafter 
continues in or accepts unauthorized employment prior to filing 
an application for adjustment of status or who is in unlawful 
immigration status on the date of filing the application for 
adjustment of status or who has failed (other than through no 
fault of his own or for technical reasons) to maintain 
continuously a lawful status since entry into the United 
States; (3) any alien admitted in transit without visa under 
section 212(d)(4)(C); (4) an alien (other than an immediate 
relative as defined in section 201(b)) who was admitted as a 
nonimmigrant visitor without a visa under section 212(l) or 
section 217; [or (5)] (5) an alien who was admitted as a 
nonimmigrant described in section 101(a)(15)(S); (6) any alien 
who seeks adjustment of status as an employment-based immigrant 
and is not in a lawful nonimmigrant status; or (7) any alien 
who was employed while the alien was an unauthorized alien, as 
defined in section 274A(h)(3), or who has otherwise violated 
the terms of a nonimmigrant visa.
          * * * * * * *

  adjustment of status of certain entrants before january 1, 1982, to 
              that of person admitted for lawful residence

    Sec. 245A. (a) Temporary Resident Status.--The Attorney 
General shall adjust the status of an alien to that of an alien 
lawfully admitted for temporary residence if the alien meets 
the following requirements:
          * * * * * * *
    (c) Applications for Adjustment of Status.--
          (1) To whom may be made.--The Attorney General shall 
        provide that applications for adjustment of status 
        under subsection (a) may be filed--
          * * * * * * *
          (5) Confidentiality of information.--Neither the 
        Attorney General, nor any other official or employee of 
        the Department of Justice, or bureau or agency thereof, 
        may--
                  (A) use the information furnished pursuant to 
                an application filed under this section for any 
                purpose other than to make a determination on 
                the application or for enforcement of paragraph 
                (6) or for the preparation of reports to 
                Congress under section 404 of the Immigration 
                Reform and Control Act of 1986,
                  (B) make any publication whereby the 
                information furnished by any particular 
                individual can be identified, or
                  (C) permit anyone other than the sworn 
                officers and employees of the Department or 
                bureau or agency or, with respect to 
                applications filed with a designated entity, 
                that designated entity, to examine individual 
                applications;
        [except that the Attorney General] except that the 
        Attorney General shall provide information furnished 
        under this section to a duly recognized law enforcement 
        entity in connection with a criminal investigation or 
        prosecution, when such information is requested in 
        writing by such entity, or to an official coroner for 
        purposes of affirmatively identifying a deceased 
        individual (whether or not such individual is deceased 
        as a result of a crime) and may provide, in the 
        Attorney General's discretion, for the furnishing of 
        information furnished under this section in the same 
        manner and circumstances as census information may be 
        disclosed by the Secretary of Commerce under section 8 
        of title 13, United States Code. Anyone who uses, 
        publishes, or permits information to be examined in 
        violation of this paragraph shall be fined in 
        accordance with title 18, United States Code, or 
        imprisoned not more than five years, or both.
          * * * * * * *
    (f) Administrative and Judicial Review.--
          (1) Administrative and judicial review.--There shall 
        be no administrative or judicial review of a 
        determination respecting an application for adjustment 
        of status under this section except in accordance with 
        this subsection.
          * * * * * * *
          (4) Judicial review.--
                  (A) Limitation to review of deportation.--
                There shall be judicial review of such a denial 
                only in the judicial review of an order of 
                deportation under section 106.
          * * * * * * *
                  (C) Jurisdiction of courts.--Notwithstanding 
                any other provision of law, no court shall have 
                jurisdiction of any cause of action or claim by 
                or on behalf of any person asserting an 
                interest under this section unless such person 
                in fact filed an application under this section 
                within the period specified by subsection 
                (a)(1), or attempted to file a complete 
                application and application fee with an 
                authorized legalization officer of the 
                Immigration and Naturalization Service but had 
                the application and fee refused by that 
                officer.
          * * * * * * *

                   rescission of adjustment of status

    Sec. 246. (a)(1) If, at any time within five years after 
the status of a person has been otherwise adjusted under the 
provisions of section 245 or 249 of this Act or any other 
provision of law to that of an alien lawfully admitted for 
permanent residence, it shall appear to the satisfaction of the 
Attorney General that the person was not in fact eligible for 
such adjustment of status, the Attorney General shall rescind 
the action taken granting an adjustment of status to such 
person and cancelling deportation in the case of such person if 
that occurred and the person shall thereupon be subject to all 
provisions of this Act to the same extent as if the adjustment 
of status had not been made. Nothing in this subsection 
requires the Attorney General to rescind the alien's status 
prior to commencement of procedures to deport the alien under 
section 242 or 242A, and an order of deportation issued by a 
special inquiry officer shall be sufficient to rescind the 
alien's status.
          * * * * * * *

                 CHAPTER 8--GENERAL PENALTY PROVISIONS

          * * * * * * *
    Sec. 273. (a) It shall be unlawful for any person, 
including any transportation company, or the owner, master, 
commanding officer, agent, charterer, or consignee of any 
vessel or aircraft, to bring to the United States from any 
place outside thereof (other than from foreign contiguous 
territory) any alien who does not have a valid passport and an 
unexpired visa, if a visa was required under this Act or 
regulations issued thereunder.
          * * * * * * *
    [(d) The owner, charterer, agent, consignee, commanding 
officer, or master of any vessel or aircraft arriving at the 
United States from any place outside the United States who 
fails to deport any alien stowaway on the vessel or aircraft on 
which such stowaway arrived or on another vessel or aircraft at 
the expense of the vessel or aircraft on which such stowaway 
arrived when required to do so by an immigration officer, shall 
pay to the Commissioner the sum of $3,000 for each alien 
stowaway, in respect of whom any such failure occurs. Pending 
final determination of liability for such fine, or such vessel 
or aircraft shall be granted clearance, except that clearance 
may be granted upon the deposit of an amount sufficient to 
cover such fine, or of a bond with sufficient surety to secure 
the payment thereof approved by the Commissioner. The 
provisions of section 235 for detention of aliens for 
examination before special inquiry officers and the right of 
appeal provided for in section 236 shall not apply to aliens 
who arrive as stowaways and no such alien shall be permitted to 
land in the United States, except temporarily for medical 
treatment, or pursuant to such regulations as the Attorney 
General may prescribe for the ultimate departure or removal or 
deportation of such alien from the United States.]
    (d)(1) it shall be the duty of the owner, charterer, agent, 
consignee, commanding officer, or master of any vessel or 
aircraft arriving at the United States from any place outside 
the United States to detain on board or at such other place as 
may be designated by an immigration officer any alien stowaway 
until such stowaway has been inspected by an immigration 
officer.
    (2) Upon inspection of an alien stowaway by an immigration 
officer, the Attorney General may by regulation take immediate 
custody of any stowaway and shall charge the owner, charterer, 
agent, consignee, commanding officer, or master of the vessel 
or aircraft on which the stowaway has arrived the costs of 
detaining the stowaway.
    (3) It shall be the duty of the owner, charterer, agent, 
consignee, commanding officer, or master of any vessel or 
aircraft arriving at the United States from any place outside 
the United States to deport any alien stowaway on the vessel or 
aircraft on which such stowaway arrived or on another vessel or 
aircraft at the expense of the vessel or aircraft on which such 
stowaway arrived when required to do so by an immigration 
officer.
    (4) Any person who fails to comply with paragraph (1) or 
(3), shall be subject to a fine of $5,000 for each alien for 
each failure to comply, payable to the Commissioner. The 
Commissioner shall deposit amounts received under this 
paragraph as offsetting collections to the applicable 
appropriations account of the Service. Pending final 
determination of liability for such fine, no such vessel or 
aircraft shall be granted clearance, except that clearance may 
be granted upon the deposit of a sum sufficient to cover such 
fine, or of a bond with sufficient surety to secure the payment 
thereof approved by the commissioner.
    (5) An alien stowaway inspected upon arrival shall be 
considered an excluded alien under this Act.
    (6) The provisions of section 235 for detention of aliens 
for examination before a special inquiry officer and the right 
of appeal provided for in section 236 shall not apply to aliens 
who arrive as stowaways, and no such aliens shall be permitted 
to land in the United States, except temporarily for medical 
treatment, or pursuant to such regulations as the Attorney 
general may prescribe for the departure, removal, or 
deportation of such alien from the United States.
    (7) A stowaway may apply for asylum under section 208 or 
withholding of deportation under section 243(h), pursuant to 
such regulation as the Attorney General may establish.
          * * * * * * *

                bringing in and harboring certain aliens

    Sec. 274. (a) Criminal Penalties.--(1)(A) Any person who--
          (i) * * *
          * * * * * * *
          (iii) knowing or in reckless disregard of the fact 
        that an alien has come to, entered, or remains in the 
        United States in violation of law, conceals, harbors, 
        or shields from detection, or attempts to conceal, 
        harbor, or shield from detection, such alien in any 
        place, including any building or any means of 
        transportation; [or]
          (iv) encourages or induces an alien to come to, 
        enter, or reside in the United States, knowing or in 
        reckless disregard of the fact that such coming to, 
        entry, or residence is or will be in violation of 
        law[,]; or
          (v)(I) engages in any conspiracy to commit any of the 
        preceding acts, or
          (II) aids or abets the commission of any of the 
        preceding acts,
shall be punished as provided in subparagraph (B).
    (B) A person who violates subparagraph (A) shall, for each 
alien in respect to whom such a violation occurs--
          (i) in the case of a violation of subparagraph (A)(i) 
        or (v)(I), be fined under title 18, United States Code, 
        imprisoned not more than 10 years, or both;
          (ii) in the case of a violation of subparagraph (A) 
        (ii), (iii), [or (iv)] (iv), or (v)(II), be fined under 
        title 18, United States Code, imprisoned not more than 
        5 years, or both;
          (iii) in the case of a violation of subparagraph (A) 
        (i), (ii), (iii), [or (iv)] (iv), or (v), during and in 
        relation to which the person causes serious bodily 
        injury (as defined in section 1365 of title 18, United 
        States Code) to, or places in jeopardy the life of, any 
        person, be fined under title 18, United States Code, 
        imprisoned not more than 20 years, or both; and
          (iv) in the case of a violation of subparagraph (A) 
        (i), (ii), (iii), [or (iv)] (iv), or (v) resulting in 
        the death of any person, be punished by death or 
        imprisoned for any term of years or for life, fined 
        under title 18, United States Code, or both.
    (2) Any person who, knowing or in reckless disregard of the 
fact that an alien has not received prior official 
authorization to come to, enter, or reside in the United 
States, brings to or attempts to bring to the United States in 
any manner whatsoever, such alien, regardless of any official 
action which may later be taken with respect to such alien 
shall, [for each transaction constituting a violation of this 
paragraph, regardless of the number of aliens involved] for 
each alien in respect to whom a violation of this paragraph 
occurs--
          (A) be fined in accordance with title 18, United 
        States Code, or imprisoned not more than one year, or 
        both; or
          (B) in the case of--
                  (i) a second or subsequent offense,
                  (ii) an offense done for the purpose of 
                commercial advantage or private financial gain, 
                [or]
                  (iii) an offense committed with the intent, 
                or with substantial reason to believe, that the 
                alien unlawfully brought into the United States 
                will commit an offense against the United 
                States or any State punishable by imprisonment 
                for more than 1 year; or
                  [(iii)] (iv) an offense in which the alien is 
                not upon arrival immediately brought and 
                presented to an appropriate immigration officer 
                at a designated port of entry,
[be fined in accordance with title 18, United States Code, or 
in the case of a violation of subparagraph (B)(ii), imprisoned 
not more than 10 years, or both; or in the case of a violation 
of subparagraph (B)(i) or (B)(iii), imprisoned not more than 5 
years, or both.]
be fined under title 18, United States Code, and shall be 
imprisoned for a first or second offense, not more than 10 
years, and for a third or subsequent offense, not more than 15 
years.
    (3) Any person who hires for employment an alien--
          (A) knowing that such alien is an unauthorized alien 
        (as defined in section 274A(h)(3)), and
          (B) knowing that such alien has been brought into the 
        United States in violation of this subsection,
shall be fined under title 18, United States Code, and shall be 
imprisoned for not more than 5 years.
    (b) [(1) Any conveyance, including any vessel, vehicle, or 
aircraft, which has been or is being used in the commission of 
a violation of subsection (a) shall be seized and subject to 
forfeiture, except that--
          [(A) no conveyance used by any person as a common 
        carrier in the transaction of business as a common 
        carrier shall be forfeited under the provisions of this 
        section unless it shall appear that the owner or other 
        person in charge of such conveyance was a consenting 
        party or privy to the illegal act; and
          [(B) no conveyance shall be forfeited under the 
        provisions of this section by reason of any act or 
        omission established by the owner thereof to have been 
        committed or omitted by any person other than such 
        owner while such conveyance was unlawfully in the 
        possession of a person other than the owner in 
        violation of the criminal laws of the United States, or 
        of any State.]
    (1) Any property, real or personal, which facilitates or is 
intended to facilitate, or has been or is being used in or is 
intended to be used in the commission of, a violation of, or 
conspiracy to violate, subsection (a) or section 1028, 1425, 
1426, 1427, 1541, 1542, 1543, 1544, or 1546 of title 18, United 
States Code, or which constitutes, or is derived from or 
traceable to, the proceeds obtained directly or indirectly from 
a commission of a violation of, or conspiracy to violate, 
subsection (a) or section 1028, 1425, 1426, 1427, 1541, 1542, 
1543, 1544, or 1546 of title 18, United States Code, shall be 
subject to seizure and forfeiture, expect that--
          (A) no property used by any person as a common 
        carrier in the transaction of business as a common 
        carrier shall be forfeited under the provisions of this 
        section unless it shall appear that the owner or other 
        person in charge of such property was a consenting 
        party or privy to the unlawful act;
          (B) no property shall be forfeited under this section 
        by reason of any act or omission established by the 
        owner thereof to have been committed or omitted by any 
        person other than such owner while such property was 
        unlawfully in the possession of a person other than the 
        owner in violation of, or in conspiracy to violate, the 
        criminal laws of the United States or of any State; and
          (C) no property shall be forfeited under this 
        paragraph to the extend of an interest of any owner, by 
        reason of any act or omission established by such owner 
        to have been committed or omitted without the knowledge 
        or consent of such owner, unless such act or omission 
        was committed by an employee or agent of such owner, 
        and facilitated or was intended to facilitate, the 
        commission of a violation of, or a conspiracy to 
        violate, subsection (a) or section 1028, 1425, 1426, 
        1427, 1541, 1542, 1543, 1544, or 1546 of title 18, 
        United States Code, or was intended to further the 
        business interests of the owner, or to confer any other 
        benefit upon the owner.
    (2) Any [conveyance] property subject to seizure under this 
section may be seized without warrant if there is probable 
cause to believe the [conveyance] property has been use or [is 
being used in] is being used in, is facilitating, has 
facilitated, or was intended to facilitate a violation of 
subsection (a) and circumstances exist where a warrant is not 
constitutionally required.
    (3) (A) All provisions of law relating to the seizure, 
summary and judicial forfeiture, and condemnation of property 
for the violation of the customs laws; the disposition of such 
property or the proceeds from the sale thereof; the remission 
or mitigation of such forfeitures; and the compromise of claims 
and the award of compensation for informers in respect of such 
forfeitures shall apply to seizures and forfeitures incurred, 
or alleged to have been incurred, under the provisions of this 
section,insofar as applicable and not inconsistent with the 
provisions hereof, except that duties imposed on customs 
officers or other persons regarding the seizure and forfeiture 
of property under the customs laws shall be performed with 
respect to seizures and forfeitures carried out under the 
provisions of this section by such officers or persons 
authorized for that purpose by the Attorney General.
    (B) Before the seizure of any real property pursuant to 
this section, the Attorney General shall provide notice and an 
opportunity to be heard to the owner of the property. The 
Attorney General shall prescribe such regulations as may be 
necessary to carry out this subparagraph.
    (4) Whenever [a conveyance] property is forfeited under 
this section the Attorney General may--
          (A) retain the [conveyance] property for official 
        use;
          (B) sell the [conveyance] property, in which case the 
        proceeds from any such sale shall be used to pay all 
        proper expenses of the proceedings for forfeiture and 
        sale including expenses of seizure, maintenance of 
        custody, advertising, and court costs;
          (C) require that the General Services Administration, 
        or the Maritime Administration if appropriate under 
        section 203(i) of the Federal Property and 
        Administrative Service Act of 1949 (40 U.S.C. 484(i)), 
        take custody of the [conveyance] property and remove it 
        for disposition in accordance with law; [or]
          (D) dispose of the [conveyance] property in 
        accordance with the terms and conditions of any 
        petition of remission or mitigation of forfeiture 
        granted by the Attorney General[.] ; or
          (E) transfer custody and ownership of forfeited 
        property to any Federal, State, or local agency 
        pursuant to section 616(c) of the Tariff Act of 1930 
        (19 U.S.C. 1616a(c)).
    (5) In all suits or actions brought for the forfeiture of 
any [conveyance] property  seized under this section, where the 
[conveyance] property is claimed by any person, the burden of 
proof shall lie upon such claimant, except that probable cause 
shall be first shown for the institution of such suit or 
action. In determining whether probable cause exists, any of 
the following shall be prima facie evidence that an alien 
involved in the alleged violation had not received prior 
official authorization to come to, enter, or reside in the 
United States or that such alien had come to, entered, or 
remained in the United States in violation of law:
          * * * * * * *
    (c) Criminal Forfeiture.--(1) Any person convicted of a 
violation of, or a conspiracy to violate, subsection (a) or 
section 274A(a) (1) or (2) of this Act, or section 1028, 1425, 
1426, 1427, 1541, 1542, 1543, 1544, or 1546 of title 18, United 
States Code, shall forfeit to the United States, regardless of 
any provision of State law--
          (A) any conveyance, including any vessel, vehicle, or 
        aircraft used in the commission of a violation of, or a 
        conspiracy to violate, subsection (a); and
          (B) any property real or personal--
                  (i) that constitutes, or is derived from or 
                is traceable to the proceeds obtained directly 
                or indirectly from the commission of a 
                violation of, or a conspiracy to violate, 
                subsection (a), section 274A(a) (1) or (2) of 
                this Act, or section 1028, 1425, 1426, 1427, 
                1541, 1542, 1543, 1544, or 1546 of title 18, 
                United States Code; or
                  (ii) that is used to facilitate, or is 
                intended to be used to facilitate, the 
                commission of a violation of, or a conspiracy 
                to violate, subsection (a), section 274A(a) (1) 
                or (2) of this Act, or section 1028, 1425, 
                1426, 1427, 1541, 1542, 1543, 1544, or 1546 of 
                title 18, United States Code.
The court, in imposing sentence on such person, shall order 
that the person forfeit to the United States all property 
described in this subsection.
    (2) The criminal forfeiture of property under this 
subsection, including any seizure and disposition of the 
property and any related administrative or juridical 
proceeding, shall be governed by the provisions of section 413 
of the Comprehensive Drug Abuse Prevention and Control Act of 
1970 (21 U.S.C. 853), other than subsections (a) and (d) of 
such section 413.
    [(c)] (d) No officer or person shall have authority to make 
any arrest for a violation of any provision of this section 
except officers and employees of the Service designated by the 
Attorney General, either individually or as a member of a 
class, and all other officers whose duty it is to enforce 
criminal laws.
    (e) Notwithstanding any provision of the Federal Rules of 
Evidence, the videotaped (or otherwise audio-visually 
preserved) deposition of a witness to a violation of subsection 
(a) who has been deported or otherwise expelled from the United 
States, or is otherwise unable to testify, may be admitted into 
evidence in an action brought for that violation if the witness 
was available for cross examination and the deposition complies 
with the Federal Rules of Evidence.

                     unlawful employment of aliens

    Sec. 274A. (a) Making Employment of Unauthorized Aliens 
Unlawful.
          (1) In general.--It is unlawful for a person or other 
        entity--
          * * * * * * *
          (6) State agency referrals.--A State employment 
        agency that refers any individual for employment shall 
        comply with the procedures specified in subsection (b). 
        For purposes of the attestation requirement in 
        subsection (b)(1), the agency employee who is primarily 
        involved in the referral of the individual shall make 
        the attestation on behalf of the agency.
    (b) Employment Verification System.--The requirements 
referred to in paragraphs (1)(B) and (3) of subsection (a) are, 
in the case of a person or other entity hiring, recruiting, or 
referring an individual for employment in the United States, 
the requirements specified in the following three paragraphs:
          (1) Attestation after examination of documentation.--
                  (A) In General.--The person or entity must 
                attest, under penalty of perjury and on a form 
                designated or established by the Attorney 
                General by regulation, that it has verified 
                that the individual is not an unauthorized 
                alien by examining--
          * * * * * * *
                  (B) Documents establishing both employment 
                authorization and identify.--A document 
                described in this subparagraph is an 
                individual's--
                          (i) United States passport; or
                          [(ii) certificate of United States 
                        citizenship;]
                          [(iii) certificate of 
                        naturalization;]
                          [(iv) unexpired foreign passport, if 
                        the passport has an appropriate, 
                        unexpired endorsement of the Attorney 
                        General authorizing the individual's 
                        employment in the United States; or]
                          [[(v)] (ii) resident alien card or 
                        other alien registration card, if the 
                        card--]
                          (ii) resident alien card, alien 
                        registration card, or other document 
                        designated by regulation by the 
                        Attorney General, if the document--
                                  (I) contains a photograph of 
                                the individual or such other 
                                personal identifying 
                                information relating to the 
                                individual as the Attorney 
                                General finds, by regulation, 
                                sufficient for purposes of this 
                                subsection, [and]
                                  (II) is evidence of 
                                authorization of employment in 
                                the United. States[.], and
                                  (III) contains appropriate 
                                security features.
                  (C) Documents evidencing employment 
                authorization.--A document described in this 
                subparagraph is an individual's--
                          (i) social security account number 
                        card (other than such a card which 
                        specifies on the face that the issuance 
                        of the card does not authorize 
                        employment in the United States); or
                          [(ii) certificate of birth in the 
                        United States or establishing United 
                        States nationality at birth, which 
                        certificate the Attorney General finds, 
                        by regulation, to be acceptable for 
                        purposes of this section; or]
                          (iii)(ii) other documentation 
                        evidencing authorization of employment 
                        in the United States which the Attorney 
                        General finds, by regulation, to be 
                        acceptable for purposes of this 
                        section.
          * * * * * * *
          (2) Individual attestation of employment 
        authorization.--The individual must attest, under 
        penalty of perjury on the form designated or 
        established for purposes of paragraph (1), that the 
        individual is a citizen or national of the United 
        States, an alien lawfully admitted for permanent 
        residence, or an alien who is authorized under this Act 
        or by the Attorney General to be hired, recruited, or 
        referred for such employment. The Attorney General is 
        authorized to require an individual to provide on the 
        form described in paragraph (1)(A) the individual's 
        social security account number for purposes of 
        complying with this section.
          (3) Retention of verification form.--After completion 
        of such form in accordance with paragraphs (1) and (2), 
        the person or entity must retain the form (except in 
        any case of disaster, act of God, or other event beyond 
        the control of the person or entity) and make it 
        available for inspection by officers of the Service, 
        the Special Counsel for Immigration-Related Unfair 
        Employment Practices,\209\ or the Department of Labor 
        during a period beginning on the date of the hiring, 
        recruiting, or referral of the individual and ending--
          * * * * * * *
    (e) Compliance.--
          (1) Complaints and investigations.--The Attorney 
        General shall establish procedures--
          * * * * * * *
          (2) Authority in investigations.--In conducting 
        investigations and hearings under this subsection--
                  (A) immigration officers and administrative 
                law judges shall have reasonable access to 
                examine evidence of any person or entity being 
                investigated, [and]
                  (B) administrative law judges, may, if 
                necessary, compel by subpoena the attendance of 
                witnesses and the production of evidence at any 
                designated place or hearing[.], and
        In case of contumacy or refusal to obey a subpoena 
        lawfully issued under this paragraph and upon 
        application of the Attorney General, an appropriate 
        district court of the United States may issue an order 
        requiring compliance with such subpoena and any failure 
        to obey such order may be punished by such court as a 
        contempt thereof.
                  (C) immigration officers designated by the 
                Commissioner may compel by subpoena the 
                attendance of witnesses and the production of 
                evidence at any designated place prior to the 
                filing of a complaint in a case under paragraph 
                (2).
          * * * * * * *
          (9) Enforcement of orders.--If a person or entity 
        fails to comply with a final order issued under this 
        subsection against the person or entity, the Attorney 
        General shall file a suit to seek compliance with the 
        order in any appropriate district court of the United 
        States. In any such suit, the validity and 
        appropriateness of the final order shall not be subject 
        to review.
          (10)(A) The administrative law judge shall have the 
        authority to require payment of a civil money penalty 
        in an amount up to two times the amount of the penalty 
        prescribed by this subsection in any case in which the 
        employer has been found to have committed a willful 
        violation or repeated violations of any of the 
        following statutes:
                  (i) The Fair Labor Standards Act (29 U.S.C. 
                201 et seq.) pursuant to a final determination 
                by the Secretary of Labor or a court of 
                competent jurisdiction.
                  (ii) The Migrant and Seasonal Agricultural 
                Worker Protection Act (29 U.S.C. 1801 et seq.) 
                pursuant to a final determination by the 
                Secretary of Labor or a court of competent 
                jurisdiction.
                  (iii) The Family and Medical Leave Act (29 
                U.S.C. 2601 et seq.) pursuant to a final 
                determination by the Secretary of Labor or a 
                court of competent jurisdiction.
          (B) The Secretary of Labor and the Attorney General 
        shall consult regarding the administration of this 
        paragraph.
          * * * * * * *

            unfair immigration-related employment practices

    Sec. 274B. (a) Prohibition of Discrimination Based on 
National Origin or Citizenship Status.--
          (1) General rule.--It is an unfair immigration-
        related employment practice practice for a person or 
        other entity to discriminate against any individual 
        (other than an unauthorized alien, as defined in 
        section 274A(h)(3)) with respect to the hiring, or 
        recruitment or referral for a fee, of the individual 
        for employment or the discharging of the individual 
        from employment--
          * * * * * * *
          (6) Treatment of certain documentary practices as 
        employment practices.--[For purposes of paragraph (1), 
        a]A person's or other entity's request, for purposes of 
        satisfying the requirements of section 274A(b), for 
        more or different documents than are required under 
        such section or refusing to honor documents tendered 
        that on their face reasonably appear to be genuine 
        shall be treated as an unfair immigration-related 
        employment practice [relating to the hiring of 
        individuals] if made for the purpose or with the intent 
        of discriminating against an individual in violation of 
        paragraph (1).
          * * * * * * *

                      Penalties for Document Fraud

    Sec. 274C. (a) Activities Prohibited.--It is unlawful for 
any person or entity knowingly--
          (1) to forge, counterfeit, alter, or falsely make any 
        document for the purpose of satisfying a requirement of 
        this Act or to obtain a benefit under this Act,
          (2) to use, attempt to sue, possess, obtain, accept, 
        or receive or to provide any forged, counterfeit, 
        altered, or falsely made document in order to satisfy 
        any requirement of this Act or to obtain a benefit 
        under this Act,
          (3) to use or attempt to use or to provide or attempt 
        to provide any document lawfully issued to or with 
        respect to a person other than the possessor (including 
        a deceased individual) for the purpose of satisfying a 
        requirement of this Act or obtaining a benefit under 
        this Act, [or]
          (4) to accept or receive or to provide any document 
        lawfully issued to or with respect to a person other 
        than the possessor (including a deceased individual) 
        for the purpose of complying with section 274A(b) or 
        obtaining a benefit under this Act, or
          (5) to prepare, file, or assist another in preparing 
        or filing, any application for benefits under this Act, 
        or any document required under this Act, or any 
        document submitted in connection with such application 
        or document, with knowledge or in reckless disregard of 
        the fact that such application or document was falsely 
        made or, in whole or in part, does not relate to the 
        person on whose behalf it was or is being submitted; or
          (6) to (A) present before boarding a common carrier 
        for the purpose of coming to the United States a 
        document which relates to the alien's eligibility to 
        enter the United States, and (B) fail to present such 
        document to an immigration officer upon arrival at a 
        United States port of entry.
          * * * * * * *
    (d) Enforcement.--
          (1) Authority in investigations.--In conducting 
        investigations and hearings under this subsection--
                  (A) immigration officers and administrative 
                law judges shall have reasonable access to 
                examine evidence of any person or entity being 
                investigated, [and]
                  (B) administrative law judges, may, if 
                necessary, compel by subpoena the attendance of 
                witnesses and the production of evidence at any 
                designated place or hearing[.], and
                  (C) immigration officers designated by the 
                Commissioner may compel by subpoena the 
                attendance of witnesses and the production of 
                evidence at any designated place prior to the 
                filing of a complaint in a case under paragraph 
                (2).
        In case of contumacy or refusal to obey a subpoena 
        lawfully issued under this paragraph and upon 
        application of the Attorney General, an appropriate 
        district court of the United States may issue an order 
        requiring compliance with such subpoena and any failure 
        to obey such order may be punished by such court as a 
        contempt thereof.
          * * * * * * *
          (3) Cease and desist order with civil, money 
        penalty.--With respect to a violation of subsection 
        (a), the order under this subsection shall require the 
        person or entity to cease and desist from such 
        violations and to pay a civil penalty in an amount of--
                  (A) not less than $250 and not more than 
                $2,000 for [each document used, accepted, or 
                created and each instance of use, acceptance, 
                or creation] each document that is the subject 
                of a violation under subsection (a), or
                  (B) in the case of a person or entity 
                previously subject to an order under this 
                paragraph, not less than $2,000 and not more 
                than $5,000 for [each document used, accepted, 
                or created and each instance of use, 
                acceptance, or creation] each document that is 
                the subject of a violation under subsection 
                (a). 
        In applying this subsection in the case of a person or 
        entity composed of distinct, physically separate 
        subdivisions each of which provides separately for the 
        hiring, recruiting, or referring for employment, 
        without reference to the practices of, and not under 
        the control of or common control with, another 
        subdivision, each such subdivision shall be considered 
        a separate person or entity.
          * * * * * * *
          (7) Civil penalty.--(A) The administrative law judge 
        shall have the authority to require payment of a civil 
        money penalty in an amount up to two times the level of 
        the penalty prescribed by this subsection in any case 
        where the employer has been found to have committed 
        willful or repeated violations of any of the following 
        statutes:
                  (i) The Fair Labor Standards Act (29 U.S.C. 
                201 et seq.) pursuant to a final determination 
                by the Secretary of Labor or a court of 
                competent jurisdiction.
                  (ii) The Migrant and Seasonal Agricultural 
                Worker Protection Act (29 U.S.C. 1801 et seq.) 
                pursuant to a final determination by the 
                Secretary of Labor or a court of competent 
                jurisdiction.
                  (iii) The Family and Medical Leave Act (29 
                U.S.C. 2601 et seq.) pursuant to a final 
                determination by the Secretary of Labor or a 
                court of competent jurisdiction.
          (B) The Secretary of Labor and the Attorney General 
        shall consult regarding the administration of this 
        paragraph.
          (8) Waiver by attorney general.--The Attorney General 
        may waive the penalties imposed by this section with 
        respect to an alien who knowingly violates paragraph 
        (6) if the alien is granted asylum under section 208 or 
        withholding of deportation under section 243(h).
    (e) Criminal Penalties for Failure to Disclose Role as 
Document Preparer.--
          (1) Whoever, in any matter within the jurisdiction of 
        the Service under section 208 of this Act, knowingly 
        and willfully fails to disclose, conceals, or covers up 
        the fact that they have, on behalf of any person and 
        for a fee or other remuneration, prepared or assisted 
        in preparing an application which was falsely made (as 
        defined in subsection (f)) for immigration benefits 
        pursuant to section 208 of this Act, or the regulations 
        promulgated thereunder, shall be guilty of a felony and 
        shall be fined in accordance with title 18, United 
        States code, imprisoned for not more than 5 years, or 
        both, and prohibited from preparing or assisting in 
        preparing, whether or not for a fee or other 
        remuneration, any other such application.
          (2) Whoever, having been convicted of a violation of 
        paragraph (1), knowingly and willfully prepares or 
        assists in preparing an application for immigration 
        benefits pursuant to this Act, or the regulations 
        promulgated thereunder, whether or not for a fee or 
        other remuneration and regardless of whether in any 
        matter within the jurisdiction of the Service under 
        section 208, shall be guilty of a felony and shall be 
        fined in accordance with title 18, United States Code, 
        imprisoned for not more than 15 years, or both, and 
        prohibited from preparing or assisting in preparing any 
        other such application.
    (f) Falsely Make.--For purposes of this section, the term 
``falsely make'' means to prepare or provide an application or 
document, with knowledge or in reckless disregard of the fact 
that the application or document contains a false, fictitious, 
or fraudulent statement or material representation, or has no 
basis in law or fact, or otherwise fails to state a fact which 
is material to the purpose for which it was submitted.


                 civil penalties for failure to depart


    Sec. 274D. (a) Any alien subject to a final order of 
exclusion and deportation or deportation who--
          (1) willfully fails or refuses to--
                  (A) depart on time from the United States 
                pursuant to the order;
                  (B) make timely application in good faith for 
                travel or other documents necessary for 
                departure; or
                  (C) present himself or herself for 
                deportation at the time and place required by 
                the Attorney General; or
          (2) conspires to or takes any action designed to 
        prevent or hamper the alien's departure pursuant to the 
        order,
shall pay a civil penalty of not more than $500 to the 
Commissoner for each day the alien is in violation of this 
section.
    (b) The Commissioner shall deposit amounts received under 
subsection (a) as offsetting collections in the appropriate 
appropriations account of the Service.
    (c) Nothing in this section shall be construed to diminish 
or qualify any penalties to which an alien my be subject for 
activities proscribed by section 242(e) or any other section of 
this Act
          * * * * * * *


                       reentry of deported alien


    Sec. 276. (a) Subject to subsection (b), any alien who--
          [(1) has been arrested and deported or excluded and 
        deported, and thereafter]
          (1) has been arrested and deported, has been excluded 
        and deported, or has departed the United States while 
        an order of exclusion or deportation is outstanding, 
        and thereafter
          * * * * * * *

                        CHAPTER 9--MISCELLANEOUS

          * * * * * * *

              powers of immigration officers and employees

    Sec. 287. (a) Any officer or employee of the Service 
authorized under regulations prescribed by the Attorney General 
shall have power without warrant--
          * * * * * * *
    (f)(1) Under regulations of the Attorney General, the 
Commissioner shall provide for the fingerprinting and 
photographing of each alien 14 years of age or older against 
whom a proceeding is commenced under section 242.
    (2) Such fingerprints and photographs shall be made 
available to Federal, State, and local law enforcement 
agencies, upon request.
    (g)(1) Notwithstanding section 1342 of title 31, United 
States Code, the Attorney General may enter into a written 
agreement with a State, or any political subdivision of a 
State, pursuant to which an officer or employee of the State or 
subdivision, who is determined by the Attorney General to be 
qualified to perform a function of an immigration officer in 
relation to the arrest or detention of aliens in the United 
States, may carry out such function at the expense of the State 
or political subdivision and to extent consistent with State 
and local law.
    (2) An agreement under this subsection shall require that 
an officer or employee of a State or political subdivision of a 
State performing a function under the agreement shall have 
knowledge of, and adhere to, Federal law relating to the 
function, and shall contain a written certification that the 
officers or employees performing the function under the 
agreement have received adequate training regarding the 
enforcement of relevant Federal immigration laws.
    (3) In performing a function under this subsection, an 
officer or employee of a State or political subdivision of a 
State shall be subject to the direction and supervision of the 
Attorney General.
    (4) In performing a function under this subsection, an 
officer or employee of a State or political subdivision of a 
State may use Federal property or facilities, as provided in a 
written agreement between the Attorney General and the State or 
subdivision.
    (5) With respect to each officer or employee of a State or 
political subdivision who is authorized to perform a function 
under this subsection, the specific powers and duties that may 
be, or are required to be, exercised or performed by the 
individual, the duration of the authority of the individual, 
and the position of the agency of the Attorney General who is 
required to supervise and direct the individual shall be set 
forth in a written agreement between the Attorney General and 
the State or political subdivision.
    (6) The Attorney General may not accept a service under 
this subsection if the service will be used to displace any 
Federal employee.
    (7) Except as provided in paragraph (8), an officer or 
employee of a State or political subdivision of a State 
performing functions under this subsection shall not be treated 
as a Federal employee for any purpose other than for purposes 
of chapter 81 of title 5, United States Code, (relating to 
compensation for injury) and sections 2671 through 2680 of 
title 28, United States Code (relating to tort claims).
    (8) An officer or employee of a State or political 
subdivision of a State acting under color of authority under 
this subsection, or any agreement entered into under this 
subsection, shall be considered to be acting under color of 
Federal authority for purposes of determining the liability, 
and immunity from suit, of the officer or employee in a civil 
action brought under Federal or State law.
    (9) Nothing in this subsection shall be construed to 
require any State or political subdivision of a State to enter 
into an agreement with the Attorney General under this 
subsection.
    (10) Nothing in this subsection shall be construed to 
require an agreement under this subsection in order for any 
officer or employee of a State or political subdivision of a 
State--
          (A) to communicate with the Attorney General 
        regarding the immigration status of any individual, 
        including reporting knowledge that a particular alien 
        is not lawfully present in the United States; or
          (B) otherwise to cooperate with the Attorney General 
        in the identification, apprehension, detention, or 
        removal of aliens not lawfully present in the United 
        States.
          * * * * * * *

                            right to counsel

    Sec. 292. In any exclusion or deportation proceedings 
before a special inquiry officer and in any appeal proceedings 
before the Attorney General from any such exclusion or 
deportation proceedings, the person concerned shall have the 
privilege of being represented [(at no expense to the 
Government)] (at no expense to the Government or unreasonable 
delay to the proceedings) by such counsel, authorized to 
practice in such proceedings, as he shall choose.


                 secretary of labor subpoena authority


    Sec. 294. The Secretary of labor may issue subpoenas 
requiring the attendance and testimony of witnesses or the 
production of any records, books, papers, or documents in 
connection with any investigation or hearing conducted in the 
enforcement of any immigration program for which the Secretary 
of Labor has been delegated enforcement authority under the 
Act. In such hearing, the Secretary of Labor may administer 
oaths, examine witnesses, and receive evidence. For the purpose 
of any such hearing or investigation, the authority contained 
in sections 9 and 10 of the Federal Trade Commission Act (15 
U.S.C. 49, 50), relating to the attendance of witnesses and the 
production of books, papers, and documents, shall be available 
to the Secretary of Labor.

             TITLE IV--MISCELLANEOUS AND REFUGEE ASSISTANCE

                        CHAPTER 1--MISCELLANEOUS

          * * * * * * *

                    authorization of appropriations

    Sec. 404. (a) There are authorized to be appropriated such 
sums as may be necessary to carry out the provisions of this 
Act (other than chapter 2 of title IV).
    (b)(1) There are authorized to be appropriated (for fiscal 
year 1991 and any subsequent fiscal year) to an immigration 
emergency fund, to be established in the Treasury, an amount 
sufficient to provide for a balance of $35,000,000 in such 
fund, to be used to carry out paragraph (2) [and], to provide 
for an increase in border patrol or other enforcement 
activities of the Service and for reimbursement of [State] 
other Federal agencies and States and localities in providing 
assistance as requested by the Attorney General in meeting an 
immigration emergency, and for the costs associated with 
repatriation of aliens attempting to enter the United States 
illegally, whether apprehended within or outside the 
territorial sea of the United States except that no amounts may 
be withdrawn from such fund with respect to an emergency unless 
the President has determined that the immigration emergency 
exists and has certified such fact to the Judiciary Committees 
of the House of Representatives and of the Senate. The fund may 
be used for the costs of such repatriations without the 
requirement for a determination by the President that an 
immigration emergency exists.
    (2)(A) Funds which are authorized to be appropriated by 
paragraph (1), subject to the dollar limitation contained in 
subparagraph (B), shall be available to Federal agencies 
providing support to the Department of Justice, or by 
application for the reimbursement of States and localities 
providing assistance as required by the Attorney General, to 
States and localities, whenever--
          (i) a district director of the Service certifies to 
        the Commissioner that the number of asylum applications 
        filed in the respective district during a calendar 
        quarter exceeds by at least 1,000 the number of such 
        applications filed in that district during the 
        preceding calendar quarter,
          * * * * * * *

                     CHAPTER 2--REFUGEE ASSISTANCE

          * * * * * * *

AUTHORIZATION FOR PROGRAMS FOR DOMESTIC RESETTLEMENT OF AND ASSISTANCE 
                              TO REFUGEES

    Sec. 412. (a) Conditions and Considerations.--(1)(A) In 
providing assistance under this section, the Director shall, to 
the extent of available appropriations, (i) make available 
sufficient resources for employment training and placement in 
order to achieve economic self-sufficiency among refugees as 
quickly as possible, (ii) provide refugees with the opportunity 
to acquire sufficient English language training to enable them 
to become effectively resettled as quickly as possible, (iii) 
insure that cash assistance is made available to refugees in 
such a manner as not to discourage their economic self-
sufficiency, in accordance with subsection (e)(2), and (iv) 
insure that women have the same opportunities as men to 
participate in training and instruction.
          * * * * * * *
    (c) Project Grants and Contracts for Services for 
Refugees.--(1)(A) The Director is authorized to make grants to, 
and enter into contracts with, public or private nonprofit 
agencies for projects specifically designed--
          * * * * * * *
    (2)(A) The Director is authorized to make grants to States 
for assistance to counties and similar areas in the States 
where, because of factors such as unusually large refugee 
populations (including secondary migration), high refugee 
concentrations, and high use of public assistance by refugees, 
there exists and can be demonstrated a specific need for 
supplementation of available resources for services to 
refugees.
          * * * * * * *
    (C) Except for the Targeted Assistance Ten Percent 
Discretionary Program, all grants made available under this 
paragraph for a fiscal year shall be allocated by the Office of 
Refugee Resettlement in a manner that ensures that each 
qualifying county receives the same amount of assistance for 
each refugee and entrant residing in the county as of the 
beginning of the fiscal year who arrived in the United States 
not earlier than 60 months before the beginning of such fiscal 
year.

    P. Immigration and Nationality Technical Corrections Act of 1994

                 (Public Law 103-416, October 25, 1994)

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Immigration and Nationality 
Technical Corrections Act of 1994''.
          * * * * * * *

SEC. 225. CONSTRUCTION OF EXPEDITED DEPORTATION REQUIREMENTS.

    No amendment made by this Act and nothing in [section 
242(i) of the Immigration and Nationality Act (8 U.S.C. 
1252(i))] sections 242(i) or 242A of the Immigration and 
Nationality Act (8 U.S.C. 1252(i) or 1252a) shall be construed 
to create any substantive or procedural right or benefit that 
is legally enforceable by any party against the United States 
or its agencies or officers or any other person.

                        IMMIGRATION ACT OF 1990

          * * * * * * *

                          TITLE V--ENFORCEMENT

                      Subtitle A--Criminal Aliens

SEC. 501. AGGRAVATED FELONY DEFINITION.

    (a) In General.--Paragraph (43) of section 101(a) (8 U.S.C. 
1101(a)) is amended--
          * * * * * * *

SEC. 512. AUTHORIZATION OF ADDITIONAL IMMIGRATION JUDGES FOR 
                    DEPORTATION PROCEEDINGS INVOLVING CRIMINAL ALIENS.

    There are authorized to be appropriated in each of fiscal 
years 1991 through 1995 such sums as are necessary to provide 
for 20 additional immigration judges in the Department of 
Justice, to be used to conduct proceedings under section 
[242A(d)] 242A(c) of the Immigration and Nationality Act (8 
U.S.C. 1252a(d)).
          * * * * * * *

Title XIII of the Violent Crime Control and Law Enforcement Act of 1994

                (Public Law 103-322, September 13, 1994)

        TITLE XIII--CRIMINAL ALIENS AND IMMIGRATION ENFORCEMENT

SEC. 130001. ENHANCEMENT OF PENALTIES FOR FAILING TO DEPART, OR 
                    REENTERING, AFTER FINAL ORDER OF DEPORTATION.

    (a) Failure To Depart.--[Omitted; amended section 242(e) of 
the INA.]
    (b) Reentry.--[Omitted; amended section 276(b) of the INA.]

SEC. 130007. EXPANDED SPECIAL DEPORTATION PROCEEDINGS.

    (a) In General.--Subject to the availability of 
appropriations, the Attorney General may expand the program 
authorized by section [242A(d)]242A(c) and 2542(i) of the 
Immigration and Nationality Act to ensure that such aliens are 
immediately deportable upon their release from incarceration.
          * * * * * * *